Abstract
The Article considers the issue of ensuring the constitutional principle of equality of litigants before the law and the court during review of the judgement in view of the exceptional circumstances after consideration of the case by the Constitutional Court. Based on the study of legal nature of such consequences of nullity of the law as pro futuro, ex nunc, ex tunc, the risks of violation of the constitutional right of a person to judicial protection shall be established. The aim of the Article is to detect the objective demonstration of the constitutional principle of equality of litigants before the law and the court. The methods of the study: system, dialectical, integrative, interdisciplinary and scientific methods applied to detect the interrelation between the constitutional principle of equality of arms and its practical demonstration in litigation process. The main results of the study. Two components affecting the efficiency of protection of such right have been established: future effect of the judgement of the Constitutional Court of Ukraine and impossibility to consider the application in view of exceptional circumstances if before appeal to the Constitutional Court of Ukraine a person’s claim was dismissed in full under the applicable laws and was further declared unconstitutional by the Constitutional Court. The erroneous legal position of the supreme court in the system of the judiciary of Ukraine was proved in terms of the impossibility of initiating proceeding in exceptional circumstances after delivery of the judgement of the Constitutional Court of Ukraine due to the fact that the person’s claim had previously been dismissed and such a judgement does not provide for its enforcement. This conclusion deprives a person of the right to a final trial at the national level in accordance with the procedure of applying to the court (Articles 8, 24, 55, paragraph 1 Part 2 of Article 129 of the Constitution of Ukraine). It is proposed to develop a special law establishing the grounds and procedure for compensation by the state of moral and financial damages caused by the law recognized as the unconstitutional one.
Highlights
In our days every democratic state has an active demand of society to ensure effective protection of violated, unrecognized or disputed rights, freedoms or interests of individuals, rights and interests of legal entities, interests of the state (Bumcnan, 1987)
Analysing the criteria and ways to protect the subjective rights and freedoms of a man and citizen which are actively requested by civil society, we have proved that the constitutional principle of equality of litigants before the law and the court is the key one
The implementation of this principle ensures effective judicial protection of everyone at the national level, in particular for a person in whose favour the judgement of the Constitutional Court has been taken, if he/ she further applies to the court in connection with the review of the court judgement on the grounds of exceptional circumstances
Summary
In our days every democratic state has an active demand of society to ensure effective protection of violated, unrecognized or disputed rights, freedoms or interests of individuals, rights and interests of legal entities, interests of the state (Bumcnan, 1987). Due to the 2016 constitutional changes related to the justice (section III of the Constitution) in Ukraine, the novelties happened in the section which enshrines the fundamental rights, freedoms and responsibilities of a man and citizen (section III of the Fundamental Law). Namely: the right of everyone to file a constitutional complaint with the Constitutional Court of Ukraine (hereinafter referred to as the “CCU”) on the grounds established by the Constitution of Ukraine and in the manner prescribed thereby (Part 4 of Article 55). Article 129 of the Fundamental Law of Ukraine (Section VIII) establishes that a judge administering justice is independent and guided by the rule of law, as well as enshrines a number of constitutional principles of court proceeding
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
