Subject of the constitutional complaint in Ukraine

Abstract

Given the experience of developed European countries in implementing the institution of individual constitutional complaint, Ukraine aims to increase the protection of human rights and freedoms. To this purpose, the institution of constitutional complaint was implemented in our country, which gave everyone the right to appeal to the Constitutional Court of Ukraine with a constitutional complaint to verify the constitutionality of the law applied in the final court decision on the subject of the constitutional complaint.
 As follows from the above, the subject of verification of the normative legal act for compliance with the constitution on the constitutional complaint of a person can only be the law. The current legislation does not provide for the possibility of reviewing the constitutionality of other normative legal acts, such as acts of the President of Ukraine, the Cabinet of Ministers of Ukraine, the Verkhovna Rada of the Autonomous Republic of Crimea, which could jeopardize the authority of the Constitutional Court of Ukraine and domestic justice in general. In addition, it may also threaten the proper protection of human rights and freedoms. Another negative consequence of such a narrowing of the subject of the constitutional complaint is that persons deprived of this right are forced to apply directly to the European Court of Human Rights to protect their violated rights.
 Some expansion of the subject of the constitutional complaint will significantly improve the situation with the rule of law and the Constitution, and will help increase public confidence in the body of constitutional jurisdiction. In addition, this will reduce the number of appeals to the European Court of Human Rights, which in the long run will improve the image of the domestic system of protection of human rights and freedoms.
 However, excessive expansion of the subject of the constitutional complaint may lead to an overload of the Constitutional Court of Ukraine with such appeals, which may paralyze its activities. Thus, in resolving the issue of expanding the subject of the constitutional complaint, it is necessary to find a balance between ensuring proper protection of human rights and freedoms and the real possibility of the Constitutional Court of Ukraine in the field of such cases.