REQUIREMENTS FOR THE POSITION OF JUDGE OF THE CONSTITUTIONAL COURT: COMPARATIVE LEGAL ANALYSIS (BASED ON THE EXPERIENCE OF EU MEMBER STATES)

Abstract

The article draws attention to the widely discussed in society, however superficially analyzed by experts, constitutional justice reform issues at the present stage of development of the Ukrainian state. As a basis for the study of actual problems of constitutional justice and a precondition for the implementation of national reforms in this area, the article focuses on the experience of countries that are members of the EU. The main subjects of the study were the requirements to the candidates for judges of specialized bodies of constitutional justice in democratic countries and the prospects for their implementation in Ukraine. The article also deals with analyzing the dynamics of the changing role of the Constitutional Court of Ukraine to limit state power to ensure individual rights and freedoms of man and citizen, the collective rights of communities and societies, and all Ukrainian people. It is emphasized that although universal ideas of constitutionalism have been certainly recognized in Ukraine at a theoretical level after independence proclamation, these concepts have not found their proper practical implementation. Having been established to maintain the Constitution’s of Ukraine supremacy throughout the state, to ensure the Basic Law legal protection and provide within its competence human and civil rights protection and the balance in the separation of powers system, the Constitutional Court not only failed to outperform public expectations, but became a disappointment for many lawyers and concerned citizens. It is asserted that current situation should encourage all active lawyers and scholars to develop new approaches to the analysis of the causes and consequences of failures in the universally recognized constitutional and legal principles practical implementation in Ukraine, including in the constitutional justice field. The conclusion is made, that if we could organize the most apolitical organizational and legal mechanism for quality appointment (election) of judges of the Constitutional Court, the original problem of inefficiency of constitutional justice in Ukraine would be resolved without much difficulty. And unjust decision, and insufficient activity of the Constitutional Court, and improper organization of its work, would cease to be a constant obstacle to the development of the constitutional control in Ukraine. The article contains arguments that prove the objective connection between constitutional justice problems and difficulties of the domestic state in general. In fact, awareness of importance and special responsibility for the appointment of each CCU and its subsequent impact on constitutionalism and the establishment of real democracy in Ukraine is a sign of a mature statesman (official). Therefore, the arrange a proper operation of the constant renewal of the membership of the sole body of constitutional jurisdiction in Ukraine will not succeed until it is recognized and eliminated direct real cause of the problem. In our opinion, it is, above all, lack of political will to conscious existence in Ukraine of an independent constitutional arbiter, the denial of the idea of constitutional review.