The right to a constitutional complaint among other human and civil rights and freedoms in Ukraine

Abstract

It is determined that long-term systemic democratic transformations in Ukraine, intensive process of formation of the rule of law, gradual entry into the European and world legal space arouse considerable interest in the problem of ensuring and protecting fundamental human and civil rights and freedoms. Provisions of Art. 3 of the Constitution of Ukraine on man, his rights and freedoms as the highest values in the system of foundations of the constitutional order are of particular importance because they are fundamental and therefore have a legal impact on all spheres of public relations. It is pointed out that an important condition for solving the problems related to the implementation of the principle of forming a democratic state governed by the rule of law in Ukraine is the creation of an effective mechanism for the protection and defenseof fundamental rights and freedoms. This task fully complies with the provisions of the Constitution of Ukraine, formulated in Art. 55 on ensuring the rights of citizens to justice, judicial protection of the rights of citizens from unlawful encroachments andrestrictions. In addition, the functioning of an independent, autonomous and impartial judiciary is one of the fundamental criteria of a democratic, constitutional state.Attention is focused on the fact that in recent years there has been a significant increase in the role of the judiciary in the constitutional development of Ukraine, especially in the context of ongoing constitutional reform. In this regard, an importantpart of the national mechanism of protection and protection of human rights and freedoms is the protection provided by the Constitutional Court of Ukraine, namely such an important procedural form that allows a person to use these remedies as theinstitution of constitutional complaint. Through the activities of the Constitutional Court of Ukraine, the constitutional nature of human rights is revealed, even those that are not enshrined in the Constitution, thus in practice they are given the qualities of natural, inalienable, fundamental rights and freedoms. Therefore, the object of protection of the Constitutional Court of Ukraine is constitutional rights, in particular those that are not directly listed in the Constitution of Ukraine. The content of suchconstitutional norms should be identified in the context of generally accepted principles and norms of international law.