Problematic issues of formation of the Constitutional Court: compara- tive legal aspect

Abstract

The article examines the problematic issues of forming the Constitutional Court in Ukraine, in particular, pres-ents a comparative legal analysis of the procedure for forming a body of constitutional jurisdiction in foreign coun-tries and in Ukraine, which identified prospects and suggested ways to improve the procedure for forming a body and electing judges.It is noted that the world constitutional practice shows the lack of a single established procedure for the for-mation of bodies of constitutional jurisdiction, the appointment of judges of these bodies and the requirements for candidates. Thus, there are several models of formation of bodies of constitutional courts, mainly depending on the entities involved in their creation. It is argued that the formation of the Constitutional Court in Ukraine should be attributed to a mixed model, as in the process of its formation take three entities, two of which repre-sent the legislative (parliament) and judicial branches (Congress of Judges), as well as the President of Ukraine. The article emphasizes that since 2016 in Ukraine the approaches to the formation of the CCU have been slightly changed, which were aimed at its qualitative renewal, which would guarantee high moral qualities and a recog-nized level of competence of candidates. This is a constitutional norm, according to which there is a requirement to select candidates for the position of a judge of the CCU on a competitive basis in the manner prescribed by law (Part 3 of Article 148). This would guarantee high moral qualities and a recognized level of competence of the candidates. However, in fact, the competition regulations do not apply due to the lack of a single competition commission that selects judges. The appointing entities are often guided by political motives and the desire to further influence the activities of the CCU. It is indicated that the procedure for forming the Constitutional Court of Ukraine should be such as to ensure the establishment of a body independent of any influence that will promote the observance and protection of human and civil rights and freedoms, will be able to ensure the rule of law of the Basic Law.It is proposed to improve the procedure for forming the Constitutional Court of Ukraine, in particular by clearly defining the criteria for the level of competence of candidates for judges of the CCU, the establishment of a single body for competitive selection of judges, with the participation of international component and civil society. The main purpose of such improvement is to qualitatively renew the composition of the CCU and create a body inde-pendent of political and oligarchic interests, which will be able to ensure the supremacy of the Constitution and contribute to the further development of Ukraine as a democratic and legal state.