On the Specifics of the Constitutional and Legal Status of Judges of the Constitutional Court of Ukraine

Abstract

Judges of the Constitutional Court of Ukraine possess a distinct status that combines elements of functional purpose within an independent body of constitutional jurisdiction and an individual entity of judicial authority.
 Emphasized is the constitutional and legal status of judges of the Constitutional Court of Ukraine, which can be viewed from two different perspectives. Broadly speaking, it is a significant constitutional and legal institution encompassing various aspects: societal, professional (in terms of material and legal status), procedural, and administrative (linked to the governance of courts). On the other hand, a narrow approach to the constitutional and legal status of judges of the Constitutional Court defines it as a system of judges' powers and duties prescribed by the Constitution and laws of Ukraine.
 It is noted that the procedure for the oath-taking by judges of the Constitutional Court of Ukraine differs from that of judges in general courts, highlighting their specificity: the oath signifies their solemn commitment to Ukraine, indicating the fulfillment of their constitutional functions within the state, rather than merely judicial activities in a general sense.
 In summary, the constitutional and legal status of judges of the Constitutional Court of Ukraine constitutes a system of legislatively defined norms and rules that regulate their role in society and the process of exercising constitutional justice. On the other hand, this legal position officially acknowledges and legitimizes their role as judges of the Constitutional Court, encompassing all aspects related to the execution of constitutional control functions. The legislatively defined legal status of judges of the Constitutional Court determines their powers, duties, and rights concerning the exercise of constitutional jurisdiction, regulating the procedures by which judges of the Constitutional Court make decisions, provide official interpretations of the Constitution of Ukraine, and perform other functions prescribed by the Constitution and legislation. The established norms set standards of activity ensuring their objectivity, independence, and high professional responsibility in exercising constitutional jurisdiction. Within this normative system, the constitutional and legal status of judges of the Constitutional Court is fundamental to ensuring legal stability, protecting constitutional values, and upholding the fundamental principles of the rule of law in Ukraine.