Institute of constitutional complaint: foreign practice, domestic experience and prospects

Abstract

The article deals with the problem of realization of the constitutional complaint in foreign countries and its peculiarities and further prospects in Ukraine. It is emphasised that the introduction of the constitutional complaint and the parallel implementation of the doctrine of amicable treatment of international law in the Constitutional Court will comprehensively promote the protection of citizens’ rights at national level and, as a result, can be an effective means of avoiding undue burden on the European Court of Human Rights. The most relevant directions for the constitutional complaint in Ukraine are identified: the intro-duction of a full constitutional complaint, but not a regulatory one which is in force today; inability to review the decision of the Court of Justice for a final judgement already enforced, etc. It is pointed out that the introduction of a normative model of constitutional complaint in Ukraine provoked a number of discussions regarding the full realization of the rights of the individual, but the situation in the state should be evaluated first and foremost. Various statistics on the constitutional complaint in Ukraine and in foreign countries are presented and analyzed. It is highlighted that given the complex political and economic situation in the coun-try and other factors, the implementation of the constitutional complaint institute should be moderate in nature and be gradual, elaborated and legally predicted by specialists. It is emphasised that the introduction of a complete model of constitutional complaint is an important direction of development of constitutional modernization in Ukraine which should move in parallel with political, social, economic reforms. With a view to the effective and transparent implementation of the constitutional complaint institute in Ukraine, the need for clarification of the provision of Article 78 on the grounds for issuing the interlocutory order, since the question remains as to what exactly should be referred to as the term “irre-versible consequences”; attention to the issue of meaningful filling of the concept of “public interest” (Part 2 of Article 77 of the Law of Ukraine “On the Constitutional Court of Ukraine”).