To the question about the peculiarities of the implementation of the right to a constitutional complaint

Abstract

It has been established that in modern European states there is a growing interest in the use of a constitutional complaint as a procedural tool for the protection of rights and freedoms guaranteed by constitutional acts. This means that people increasingly choose this method to demand the restoration of their rights violated by the actions or inaction of various bodies and officials. In other words, a constitutional complaint is an effective and efficient tool for the protection of human rights.
 It is emphasized that increasing citizens' awareness of their constitutional rights and the possibilities of using a constitutional complaint can contribute to more active inclusion of citizens in the process of protecting legal interests.
 It is noted that the appeal to the Constitutional Court helps ensure that all laws and decisions of state bodies comply with the Constitution. This is important for maintaining the principle of the rule of law and excluding the possibility of actions that would violate constitutional norms. It is also one of the ways of implementing constitutional control, which helps to ensure compliance of legislation with the norms of the Constitution.
 It is emphasized that when the Constitutional Court of Ukraine recognizes a certain norm of the law as unconstitutional, this norm loses legal force and is recognized as if it had never existed in the legal order. That is, it no longer has any legal force and cannot be used to regulate relations or make decisions. This position is important because the unconstitutional norm contradicts the Constitution of Ukraine, which is the main law of the country. When the Constitutional Court recognizes such a norm as unconstitutional, it is considered a final decision and once again recognizes the normative force of the Constitution as having priority over other laws. Therefore, the decision of the Constitutional Court, which recognizes a norm as unconstitutional, not only cancels this norm, but also deprives it of any legal force and recognizes it as non-existent. This ensures the primacy of the Constitution of Ukraine and guarantees that unconstitutional norms cannot be applied in the legal field.