Constitutional Court Of Ukraine Research Articles

Subjects of the right to a constitutional complaint in Ukraine, Czech Republic and Poland: comparative analysis

The article is devoted to a comparative legal study of the legislation and the practice of its application in relation to the subjects of the right to a constitutional complaint in Ukraine, the Czech Republic and Poland. The author examines the provisions of the Constitutions of the countries, mentioned above, special laws which regulate the right to a constitutional complaint of corresponding subjects, as well as the constitutional courts practice in each of the previously mentioned countries. The study highlights not only a clear list, but also the essence of the subjects of the right to a constitutional complaint in Ukraine, the Czech Republic and Poland through the prism of judicial practice. The author outlined main peculiarities of natural persons, legal entities, in particular legal entities of public law and the state, as well as local self-government bodies as subjects of the right to a constitutional complaint. A significant role is assigned to legal entities and local self-government bodies, because the legislation and judicial practice distinct greatly with regard to these categories of subjects of the right to a constitutional complaint that the legislation and judicial practice in the studied states differ the most. The right of public associations and individuals to file a constitutional complaint on behalf of other (third) persons is also being investigated. The issue of attorneys’ participation in Ukraine, Poland and the Czech Republic both at the stage of preparing constitutional complaints and during court proceedings in each of these countries is revealed. As a result, appropriate proposals were made to improve domestic legislation concerning this issue. Having studied the Czech and Polish approaches to the essence of subjects entitled to a constitutional complaint, the author identified problems and suggestions for improving the relevant legal regulation in Ukraine. In particular, amendments were proposed to Article 56 of the Law of Ukraine “On the Constitutional Court of Ukraine” regarding the definition of the more precise subjects list of the right to a constitutional complaint. Having carried out this comparative legal analysis, the author proposed instances when it is appropriate to grant legal entities of public law and local self-government bodies the right to file a constitutional complaint in Ukraine. The author also provides grounding in irrationality of granting such a right to state bodies in Ukraine because of state administration peculiarities.

Dynamics of legal regulation of exemptions in the payment and calculation of land fees in the conditions of martial law on the basis of judicial practice

The relevance of the research topic is stipulated by the new challenges faced by our country in connection with the armed aggression of the Russian Federation against Ukraine and the need to adapt the legal regulation of land payment in terms of its calculation and payment during the period of martial law. The purpose of the article is to trace the dynamics of legal regulation of land payment during martial law, and to review the current case law of both national courts regarding the resolution of disputes on the cancellation of a tax assessment notice and the case law of the European Court of Human Rights in terms of determining the conceptual foundations for the construction of legal provisions. The study of the issue of payment and accrual of land payment is of both applied and theoretical nature, since violation of the means and rules of rule-making technique leads to tax disputes. The analysis of legal constructions of the Tax Code of Ukraine and other regulatory legal acts made it possible to identify problems in the regulation of land payment, which consist in violation of the rule of law principle provided for by the Constitution of Ukraine. The Constitutional Court of Ukraine has defined the principles of legal certainty and legal predictability as components of the rule of law. The inconsistency of the provisions of the Tax Code of Ukraine and bylaws has led to a dual interpretation of their rights and obligations by taxpayers and controlling authorities. The author analyzes the positions of the controlling authorities in terms of amendments to the regulation of the calculation and payment of tax liabilities for taxation of land plots located in the temporarily occupied territories or in the territories where military operations are (were) conducted.

The place of the constitutional complaint in the human rights protection mechanism in Ukraine

This paper constitutes a fundamental study aimed at analyzing the institution of the constitutional complaint as a significant element in the system for the protection of citizens' social rights. It highlights the legal establishment and procedural aspects of the constitutional complaint, reviews current judicial practice, and the challenges faced by the Constitutional Court of Ukraine in its consideration. The author's research also focuses on the importance of the constitutional complaint for applicants, revealing its impact on the possibility of a retrial based on the conditions established by the Constitutional Court. The analysis includes an examination of the historical development and legal establishment of the constitutional complaint in Ukraine, paying attention to its role in strengthening legal guarantees and the protection of fundamental rights and freedoms. The influence of the Venice Commission and international legal standards on the formation of the constitutional complaint institution in Ukraine is separately considered. The paper includes arguments for the necessity of further development of the constitutional complaint institution, taking into account national peculiarities and the experience of foreign countries, to ensure effective protection of human rights. The authors highlight the key role of the constitutional complaint in the system of legal guarantees, emphasizing its significance for the democratization of society and the strengthening of the rule of law. The research results make a significant contribution to understanding the conceptual foundations, principles of operation, and legal regulation of the constitutional complaint institution, proposing ways for its optimization and integration into the Ukrainian legal system. The paper's conclusions stress the necessity of ensuring fundamental rights and freedoms of individuals as a key condition for the functioning of the rule of law and the development of a democratic society, defining the constitutional complaint as a significant tool in this process. A detailed analysis of legal aspects, judicial practice, and challenges faced by the Constitutional Court of Ukraine in considering constitutional complaints indicates the need to strengthen mechanisms for the legal protection of citizens' rights and freedoms. Highlighting the motivation of applicants and the role of the constitutional complaint in their legal protection demonstrates its significance both for individuals and for strengthening a democratic rule of law. Analyzing the contribution of domestic and international scholars to the development of the theoretical base of the constitutional complaint institution, the authors underline its importance in forming a legal system aimed at protecting the fundamental rights and freedoms of citizens.

Legitimate expectations in the context of requirements of the rule of law

The article looks into the concept of «legitimate expectations», a part of various legal categories. The Constitutional Court of Ukraine and general courts’ decisions are indicative of the national courts’ primary consideration of the concept through the «possessions» lens, following the well-established ECtHR case law under Article 1 of Protocol No. 1 of the ECHR as well as a legal certainty component, which is an element of the rule of law. A conclusion is drawn that «sufficient basis in national law» along with the well-established judicial practices, attributed thereto by the ECHR, serve as the key criterion setting apart individual’s «legitimate expectations» and hopes. For this reason, once a new category of disputes emerges and the courts dismiss the plaintiffs’ claims, the very existence of «legitimate expectations» over the respective period cannot be asserted even if certain provisions of the national law are declared non-constitutional at a later point. Therefore, the role of the court in shaping the «legitimate expectations» concept is emphasized. Should the «sufficient basis in national law» criterion stem from the ECHR practice, another criterion of good faith, a prerequisite to the existence of «legitimate expectations», could be deduced from the understanding of the legal certainty principle in the Venice Commission papers: the Rule of Law Report and the Rule of Law Checklist. The Grand Chamber of the Supreme Court case law was exemplified to reflect on the good faith criterion application. It was emphasized that «those who act in good faith on the basis of law» may expect that their hopes are recognized as «legitimate expectations» and they may count on the judicial protection in lieu of the court's function as a safeguard against arbitrariness pursuant to the rule of law. Key words: rule of law, rule of law requirements, legal certainty, legitimate expectations.

Constitutional Court of Ukraine - reform in the direction to European integration of Ukraine

It is indicated that a number of issues arising in connection with the activity of the Constitutional Court of Ukraine need to be resolved: 1) the num­ber of judges, 2) the amount of their financial sup­port in the conditions of martial law; 3) the term for which judges are appointed; 4) appointment procedure; 5) issues of the KSU Regulations; 6) issues of the Scientific Advisory Council of the KSU, etc. Since the KSU is the only body of constitution­al jurisdiction in Ukraine, questions regarding the reform of its structure and activity do not interfere with relevance, sometimes gaining great public res­onance. From a practical point of view, the ques­tion of the decisions made by the Court regarding their constitutionality and the possibility of appeal is important, because the mistakes made by judges create an unacceptable situation in the legislation of the country. Illegal dismissal of KSU judges by decree of the President of Ukraine, whose authority is currently not included, also becomes relevant.
 It is proposed to make comprehensive changes to some provisions of current legislation of Ukraine relating to the activities of the CCU (Articles 148, 151-2, 106 of the Constitution of Ukraine, Articles 9, 10, 11, 21, 30, 33, 41 and 75 of the Law of Ukraine "On the Constitutional Court of Ukraine”, to Article 46 of the Law of Ukraine” On the Judicia­ry and the Status of Judges ", to paragraphs 5, 22 and 23 of the Regulations on the Scientific Advisory Board of the CCU) in order to optimize the activities of the CCU.
 І consider it expedient: 1) to allow the President of Ukraine to appoint the Chairman of the CCU to resolve uncertainties and contradictions (to amend Part 4 of Article 33 of the Law of Ukraine "On CCU” and Article 148 of the Constitution of Ukraine), 2) to improve Art. 9, art. 21 of the Law of Ukraine "On CCU” and paragraph 22 of Art. 106 of the Con­stitution of Ukraine and where it is clear that the President of Ukraine appoints to office the entire CCU with the consent of the Verkhovna Rada of Ukraine, and dismisses him by decree "On dismiss­al of judges of the Constitutional Court of Ukraine”. This will determine the full influence of the Presi­dent of Ukraine as the guarantor of the Constitution of the whole state, as well as ensure the proper functioning of the CCU; 3) amend paragraph 22 of the Regulations on the Scientific Advisory Board of the CCU to clarify the costs of its activities, and add paragraph 23 on the termination of the sta­tus of a member of the Council; 4) supported the proposal of V.O. Gergeliynyk to approve the Rules of Procedure of the CCU by the Verkhovna Rada of Ukraine, which is currently approved by the Court itself and thus contradicts Art. 153 of the Constitu­tion of Ukraine, which states that the procedure for organizing and operating the Constitutional Court of Ukraine, the status of judges of the Court, the grounds and procedure for appealing to the Court, the procedure for consideration of cases and exe­cution of decisions are determined by the Consti­tution of Ukraine and law. Deadlines have been set (two months for studying the materials of the con­stitutional petition (appeal) at the preliminary pre­paratory stage), which now begin their countdown from the moment of constitutional proceedings.

Administrative court: constitutional status, task and place in the judicial system of Ukraine

The article is devoted to the disclosure of the constitutional and legal status of the administrative court in the judicial system of Ukraine. The tasks and place of the administrative court in the judicial system of Ukraine are determined. The opinion that the main purpose of administrative courts is prevention and effective resolution of conflicts between a person and the state is substantiated. It is argued that the activity of administrative courts is an important guarantee of harmonious relations in society as a whole, trust in the state and its institutions, as well as the progressive development of each person as a part of society and the prevention of the appearance of internal and external threats to such a society. The author outlines the purpose of the administrative court. It has been proven that the main purpose of administrative proceedings is to protect the violated right of the relevant person, to correct a possible mistake of the subject of power, to instruct the subject of power on the impossibility of committing such a mistake in the future. The peculiarities and advantages of administrative proceedings in comparison with economic and civil proceedings are clarified. It is substantiated that the main practical difference in the resolution of public-law disputes by administrative courts is the presumption of legality of a person's claims (putting the burden of proof on the subject of power) and the presumption of proof of the subject of power according to the standard «beyond reasonable doubt». The author defines the legal nature of the interrelationship between administrative courts and the Constitutional Court of Ukraine. It was found out that such interconnection is due to their special place in the system of institutional provision of the rule of law (rule of law), since these two types of judicial proceedings are designed to ensure the consistent nature of the entire legal system in the conditions of the coexistence of conflicting norms, thanks to which the effectiveness of the rule of law (rule of law) is achieved), i.e. its effectiveness. Key words: administrative court, public legal dispute, jurisdiction, access to court, effective protection, public (public) interests, national security, principles of equality and competition, discretion.

Повноваження Конституційного Суду України:шляхи вдосконалення.

Annotation. The article examines the problems of regulatory regulation of the powers of the Constitutional Court of Ukraine at the level of the Constitution of Ukraine and the Law of Ukraine "On the Constitutional Court of Ukraine", the question of the adequacy of the scope of the powers of the Constitutional Court of Ukraine and the possibility of their improvement through a significant expansion in order to qualitatively ensure the performance of the function of protecting the Constitution of Ukraine. The foreign experience regarding the peculiarities of the powers of the constitutional counter bodies, in particular those of the states where the American, French, or Austrian models are used, is analyzed. Since the Constitutional Court of Ukraine must be an effective protection of the norms of the Constitution of Ukraine, it is proposed to: expand the scope of powers of the Constitutional Court of Ukraine, in particular, to grant the Constitutional Court of Ukraine the authority, if necessary, to independently initiate questions about the conformity of the Constitution of Ukraine (constitutionality) of laws and other legal acts of the Verkhovna Rada of Ukraine, acts of the President of Ukraine, acts of the Cabinet of Ministers of Ukraine, legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea, and not only at the request of the relevant authorized subjects; to return the authority regarding the official interpretation of the laws of Ukraine; to provide a clear mechanism for the implementation of decisions and conclusions of the Constitutional Court of Ukraine and responsibility for their non-implementation; at the level of the Constitution of Ukraine, determine an exhaustive list of acts accepted by the Constitutional Court of Ukraine.

ФІКЦІЯ ЗАКОНУ УКРАЇНИ ПРО КРИМІНАЛЬНУ ВІДПОВІДАЛЬНІСТЬ

Such components of a specific criminal punishment as life imprisonment are examined in the article. To this day, the issue of the application of parole to life imprisonment convicts remains opened and there are lively discussions among theoreticians and practitioners on the feasibility of introducing this institution to life imprisonment convicts. The article analyzes the different views of different lawyers who insist on changes in the legislation, proving the ineffectiveness of the existing legal norm in their scientific papers regarding pardoning the lifelong convicts by the decree of the President of Ukraine, and they insist on the expediency of introducing a conditional early release. There are other opinions of scientists who are categorically against it and they believe that under today’s correction of Art. 81 of the Criminal Code of Ukraine, the court cannot resolve such an issue even after pardoning the convicted person and replacing life imprisonment with imprisonment for a certain period of time. Moreover, the expediency of applying this type of exemption from serving a sentence to persons sentenced to life imprisonment is denied. The author presents the well-founded position on this issue. The proposed innovations of the law on criminal liability may lead to an incorrect legal construction of a legal norm, a misinterpretation of a criminal legal norm, to fiction. The use of fiction in criminal law is that they serve as means of implementing the policy of the legislator. Criminal-legal fiction is a technical-legal technique used by the legislator in the norms of the Criminal Code of Ukraine, with the help of which criminal and legal relations are organized and established, which are expressed in the recognition of non-existent facts as existing ones and vice versa, in order to simplify the interpretation of certain phenomena. Key words: life imprisonment, isolation, Constitutional Court of Ukraine, criminal law, pardoning, parole, fiction.

Establishment of European Values on the Way of Ukraine’s European Integration and Their Protection in the Context of War: Constitutional and Axiological Aspect

The article provides a scientific analysis of those European values, the establishment of which is a prerequisite for Ukraine’s accession to the European community and Ukraine’s acquisition of the status of a full member of the EU. It is noted that modernity determines the definition of two main areas of research on constitutional axiology: first,the correlation of constitutional principles and European values, as well as their implementation and establishment in Ukraine on the path to its European integration; second, determining the role of the judiciary and constitutional justice in the mechanism of implementation and establishment of European values in Ukraine in the context of its European integration aspirations. The author emphasizes the primary importance of protecting, especially in times of war, such constitutional and European values as a person, his or her life, dignity, freedom, security, etc. The constitutional and legal analysis of the principles enshrined in the text of the Constitution of Ukraine has given grounds to conclude that they correspondin their axiological content to European principles, the implementation, affirmation and protection of which is a prerequisite for Ukraine’s entry into the European community and its acquisition of the status of a full member of the EU. In this process, the judiciary plays an important role, so the current stage of judicial reform in the context ofUkraine’s European integration is focused on the formation of a high-quality judiciary with a high level of legal awareness and the implementation of European standards in the administration of justice. The Constitutional Court of Ukraine is a powerful and influential body that plays an important role in the process of Ukraine’s European integration and, in particular,in the implementation and promotion of European values. In order to make its activities more efficient in the context of European integration processes in Ukraine, it is relevant to: reform the procedure for the formation and improvement of the functioning of this constitutional justice body; supplement its regulations with a provision containing a list of basic constitutional and European values, so as to determine in more detail and clearly the focus of the Constitutional Court of Ukraine’s practice on their establishment in Ukraine. Key words: axiology, rule of law, European integration, European values,Constitutional Court of Ukraine, constitutional principles, human rights, legal consciousness, justice

Activity of public administration as an object of judicial control

The purpose of the paper is to determine the place and features of judicial control over the activities of public administration among other types of state control. It has been established that control over the activities of public authorities includes the activities of legislative and executive bodies, their territorial bodies, state collegial bodies, local state administrations, local self-government bodies, the court and the prosecutor's office with regard to monitoring compliance with legal requirements (precepts, norms) and preventing their violations in the future Judicial control in this context acts as a special type of control in the activities of public authorities, the peculiarity of which is that it is not carried out on a permanent basis or systematically, such as control by specialized control bodies, but only in the process of considering administrative cases. Depending on the type of judicial jurisdiction, such types of judicial control were distinguished as general judicial control, or control carried out by general courts during the consideration of criminal, civil and administrative cases; specialized judicial control, or control carried out by specialized (administrative and economic) courts; constitutional judicial control, or control carried out by the Constitutional Court of Ukraine as the only body of constitutional jurisdiction. It was determined that the grounds for conducting judicial control over the activities of the public administration should be of a purely legal nature, i.e. checking the legality, the state of compliance with the rights and freedoms of citizens, etc. It has been established that today the creation of advanced forms of judicial control is a necessity arising from the objective needs of a civilized and democratic society. This type of control contributes to increasing the level of legal protection of citizens and serves as a criterion for assessing the legality of actions of state bodies.

Authority of organs of constitutional jurisdiction on issues of international agreements: the experience of foreign states and Ukraine

In the conditions of Ukraine's implementation of the status of a candidate for EU accession, post-war reconstruction, the Constitutional Court of Ukraine, along with other authorities, is entrusted with the important mission of affirming and implementing universal human values and international standards. The purpose of the article is a comparative analysis of the powers of the organs of constitutional jurisdiction on issues of international treaties, for which the following tasks must be solved: - to find out the state of regulation of the powers of organs of constitutional jurisdiction relating to international treaties in the Constitution of Ukraine and the constitutions of foreign states; - to generalize the trends and regularities of the constitutional and legal provision of powers of these organs in this direction; - to determine prospective directions of improvement of the constitutional and legal regulation of the powers of the ССU in the conditions of European integration. The methodological toolkit of the research consists of general scientific and special legal methods (dialectical, comparative legal, logical, epistemological, axiological, formal-legal, structural-functional, hermeneutic, statistical, prognostic, etc.), systemic, pluralistic, complex approaches, appropriate methodological principles
 The constitutional and legal regulation of the powers of organs of constitutional jurisdiction is carried out in the constitutions, in most states there are special laws (constitutional or organic) on the constitutional court (council, tribunal, etc.), which regulate in detail the functions, powers of these organs and their members, the order of formation, procedures of activity etc. The main powers of these organs include, inter alia, consideration of issues of compliance of laws with ratified international treaties, provisions of other acts, issued by central state organs, with the constitution, ratified international treaties and laws (prior and subsequent constitutional control). The scope of competence of the organs of constitutional jurisdiction of foreign states and their effectiveness is much greater than that of the ССU, so it is advisable to modernize it. In particular, the experience of Slovakia and Poland is worth noting, especially in view of their accession to the EU, the expansion of the competence of constitutional jurisdiction organs and certain procedures of their activities, including constitutional control over international treaties

The necessity of observing the principle of rule of law in drafting

The article is devoted to the influence of the elements of the supremacy principle of law on drafting activity. Various domestic approaches to understanding the content of the supremacy of law are analyzed, in particular, attention is focused on integral and elemental approaches. The advantages and disadvantages of each of them are revealed. It was found that the Constitutional Court of Ukraine used an integral approach when interpreting the rule of law in its decisions. The elemental approach was supported by domestic scientists (P. Rabinovych, A. Puthtetska, O. Tomkina) and foreign ones (A. Dicey, T. Bingham). It was established that the elemental approach to understanding the content of the supremacy of law was applied in the report of the Venice Commission.The main elements of the rule of law are highlighted, such as legitimacy, legal certainty, respect for human rights, non-discrimination, willfulness and equality before the law. It has been found that the main components of legitimacy in drafting activities are: 1) compliance of the normative legal act with the Constitution of Ukraine; 2) correspondence to the future of normative legal acts with generally recognized norms and principles of international law; 3) consistency with other normative legal acts. Legal certainty as an element of the rule of law is analyzed.It was detected that in the domestic doctrine, legal certainty is considered in a narrow sense (requirements for legal norms: clarity, comprehensibility and unambiguity, then they apply only to law-making activity) and in a broad sense (requirements for the certainty of official powers and court decisions are also added). It has been established that the elements of the supremacy of law - observance of human rights and the prohibition of discrimination, willfulness and equality before the law – are ones of the determining factors in drafting activity. Thus, compliance with the relevant elements must be taken into account when adopting new normative legal acts and making changes to existing normative legal acts. The article also provides the elements of the rule of law and their practical application in drafting activity.

Legislation of the judiciary in the administration of justice, as a source of suffrage

The article is devoted to the coverage of certain theoretical issues of electoral law of Ukraine. Attention is focused on revealing the terminological features of the category “sources of electoral law”. The opinions of a number of constitutionalist scientists regarding the analyzed concept are given.The author focuses his attention on the peculiarities of judicial law-making, as a special source of electoral law. It is indicated that individual decisions of courts of general jurisdiction, in modern conditions, should be recognized as sources of electoral law, provided that:
 a) they contain norms-precepts that directly affect the regulation of social relations that are the subject of electoral law; b) the effect of these decisions extends to a significant range of subjects of electoral relations;
 c) cause-and-effect (deterministic) relationships between the will of the court and changes in the behavior or activity of thesubjects for which the court’s decision has a relevant significance are clearly tracked.In addition, it is determined, based on logical reasoning, about the need to take into account the nature and place of the acts of the Constitutional Court of Ukraine in the process of analyzing the nature of legal positions, it is possible to assumean organic combination of the issue of attributing the acts of the Court and the legal positions of the Court to the sources of law. Therefore, the legal positions of the Constitutional Court of Ukraine have properties and features that can be characterizedas independent sources of law and the actual impossibility of unequivocally assigning them to any of the well-known sources of law. So, in particular, the legal positions of the body of constitutional justice express the will of the state (after all, they arise as an act of a state body); they are official and generally binding; they play the role of a normative basis in law-making and serve as a guideline in lawmaking and law enforcement for most subjects of legal relations; they have a universal character, that is, they are not the result of a decision and the subject of application in a specific case, but can also be used in similar or similar situations for the purpose of substantiating positions; legal positions are a reflection of legal certainty, and should beformulated in such a way as to prevent their unequal, distorted understanding or improper application; legal positions have a permanent nature, that is, when deciding the following cases, the Constitutional Court of Ukraine is guided by previously expressed legal positions.

The place and role of the judiciary in the system of state authorities: implementation of the principle of people’s power

The place and role of the judiciary in the system of state authorities: implementation of the principle of people’s power.
 The article is devoted to highlighting certain features of the organization and activities of state authorities in Ukraine. The author focuses his attention on the role and place of the judiciary in the mechanism of checks and balances. Separate principles of the construction of the system of judicial power in Ukraine are considered.
 It is indicated that a just law is the embodiment of the idea of equal freedom for all - to do everything that does not limit the freedom of others and does not cause harm, as well as what is not prohibited by law. The idea of justice is implemented primarily through the normative consolidation of the right to a fair trial. This right is established both at the national and international levels. Given the closeness of the concepts of «law» and «justice», in the process of consideration of a court case there is a search for the right, and the result of this consideration is embodied in a concrete decision of the court.
 The authors note: 1) guaranteed rights (opportunities to perform certain actions) of a person who is a citizen of a specific state should be established by laws. Laws establishing rights, establishing specific obligations and sanctions for non-fulfilment apply equally to all citizens. 2) in order to implement the principle of «the best order» it is necessary to create a logical relationship between coercion and protection in the person of the citizen. This means the following: a citizen must have a real possibility of forcing state and other bodies, third parties to properly comply with the law, just as the state has the possibility of forcing citizens to obey the law. The social nature of the judiciary consists precisely in the resolution by judges (from the standpoint of justice) of conflicts of conflicting interests in society. The solution to the legal nature of judicial power lies in the fact that judges in a specific case demarcate the free spheres of the disputing parties and formulate the corresponding universally binding consequences. The constitutional and legal parameters of ensuring the human rights function of the judiciary are due to the fact that the judiciary itself is a sub-function of a more general concept - the law enforcement function of the judiciary. The current legislation of Ukraine establishes the unity of the judicial system of our country, but in fact this issue is not so obvious due to the existence of organizationally independent and procedurally independent systems of courts of general jurisdiction, economic and administrative courts, as well as the Constitutional Court of Ukraine. However, the general duty of courts to protect the rights and freedoms of a person and а citizen acts as the main constitutional goal of justice - it unites all branches of the judicial power according to their social purpose in the system of state authorities.

Retrospective characteristics of the institution of discretion in financial delictology

Introduction. Specificity of the legal policy has been dealt with regarding the effect of the provisions of tax legislation (which have a discretionary nature in law enforcement), which should be oriented to the constitutional requirements considering, foremost, the prospective effect of the provisions of the legislation both in the conditions of martial law and in post-war times (provisions of law could be applied from putting the relevant law into effect, its entry into force). Retrospective effect of legal regulations that mitigate or cancel the liability of the payer might occur. The purpose of the paper is to disclose the legal policy regarding the effect of provisions of the tax legislation, which have a discretionary nature in law enforcement. Results. It has been identified that the retrospective effect of the concept of guilt has an auxiliary and exclusive character, when it is not possible to issue a fully motivated and legal tax notice-decision in the event that the specified circumstances of a tax offence are not established. The legal relationship, which is retrospectively covered by the updated concept of guilt, is to begin and not cease before the updated version of the norms enters into force. It is necessary to comprehensively take into account all factual circumstances, with regard to the principles of justice and equality of everyone before the law and the court. The described law enforcement model becomes effective under the condition that it will contribute to legal certainty when making a discretionary decision and make it impossible to hide the dishonest payers’ behaviour. Conclusion. The author focuses on the fact that it is possible to temporarily release payers from financial responsibility by establishing provisions with retrospective effect, with subsequent these persons’ fulfilment of their obligations established by law. Such law enforcement concerns the guarantee of preventing a ‘turn for the worse’ during the prospective regulation of legal relations, ensuring a balance between the stability of the legal system and the direct effect of the regulatory act in time, which takes into account the needs of the state and society to improve regulatory approaches and fill gaps in the law. The relevant judicial practice of the Supreme Court and the Constitutional Court of Ukraine has been addressed.

Scientific Advisory Council at the Constitutional Court of Ukraine as a subject of scientific support of its activity

The article examines the issue of determining the legal status of the Scientific Advisory Council at the Constitutional Court of Ukraine, the mechanisms and directions of its functioning, and reveals the uniqueness of this institution of scientific support for the Court's activities.The peculiarities of the legal status of the Scientific Advisory Council, which determine its uniqueness, are revealed. It was determined that the powers of the Scientific Advisory Council, the areas of activity of its members are derived from the powers of the Constitutional Court of Ukraine and are regulated at the level of a state by-law. It is emphasized that the activities of the Scientific Advisory Council are open and transparent.

Сompetence of the Federal Constitutional Court of Germany and the Constitutional Court of Ukraine: comparative legal analysis

Reflections on «possible constitutions of Europe» can have two directions. On the one hand, one can wonder about the legal form of the European Union: the fact that it is no longer a confederation of states, but not yet a federal state, requires a legal classification, for which a new concept of Verfassungsverbund was created in Germany, that is, a constitutional union. On the other hand, the question arises as to which national constitutions, or which parts of these constitutions, or which individual norms of these constitutions are best used to build a constitutional order in Europe. Solving this issue is not only a classic mission of comparative jurisprudence, but also of the current law of the European Community, since Article 6 of the Treaty onthe European Union declares certain principles of the Western constitutional state «common to all member states» and orders to consider fundamental rights «arising from common constitutional traditions of member countries, as general principles of Community law». Within the framework of the second way of formulating the question, the following description refers to the experience gained during the use of elements of the German Constitution to build other European constitutions. In this article, we will conduct a comparative legal analysis of the powers of the Federal Constitutional Court of Germany and the Constitutional Court of Ukraine. The possibility of legal review guarantees the supremacy of the constitution by sanctioning theviolation of the law of the constitution by repealing the law. According to the experience accumulated so far, an autonomous and independent constitutional court with the possibility of a constitutional appeal is a good way to protect human rights. Constitutional courts have a part of each existing state monopoly, namely the power of parliament to make laws and the power of the supreme court to interpret and apply laws passed by parliament.

Precedent law dialogue between Constitutional Court of Ukraine and the European Court of Human Rights

«Constitutional instrument of the European public order»: it is these now-known terms that the European Court of Human Rights (hereinafter - the Court) qualified in 1995 the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter - the Convention), in a decision issued by the Grand Chamber. Should we conclude from this that the Convention will be equated with the Constitution, and the Court with the constitutional court? Judges as guarantors of rights and freedoms, constitutional courts and the European Court of Human Rights influence each other, may pronounce on identical or similar issues – especially after the entry into force of the priority question of constitutionality – and sometimes seem to use equivalent standards of reference. However, constitutional courts constantly use the Court’s case law, but never mention it. In addition, the European Court no longer hesitates within its control to appropriate the decisions of the constitutionalcourts. Thus, a significant convergence of case law is emerging, which can lead to a double reading: should we be delighted by such complementarity of controls? Or consider, on the contrary, that these relations are based primarily on competition law? The dialogue of case law corresponds to all cases when, in the absence of an institutionalized procedure, the court decides to more or less freely use provisions from such and such a decision made by others. Among legal dialogues, the dialogue between domestic constitutional judges and the European Court of Human Rights is certainly the densest and most fruitful.
 Dialogue between courts involves the implementation of institutional cooperation procedures. Although the treaty system did not provide for any institutional procedure for cooperation, the extension of the Court’s jurisdiction to issue advisory opinions is aimed at strengthening the interaction between the Court and national courts in order to consolidate the implementation of the convention in accordance with the principle of subsidiarity. Constitutional courts occupy a very limited place in ECtHR case law and vice versa. The so-called «dialogue of judges» has its advantages and, in particular, allows to avoid misunderstandings.

Legitimate land interests and prospects of their implementation in the conditions of digitalization of land relations

Legitimate land interests and prospects of their implementation in the conditions of digitalization of land relations

GLOBAL CONSTITUTIONALISM AS A THINKING ABOUT CONSTITUTIONAL VALUES IN CONDITIONS OF EXTREME UNCERTAINTY: QUO VADIS?

The article considers the use of the phenomenology of global constitutionalism as thinking about constitutional values in the conditions of extreme uncertainty of the COVID-19 pandemic and Ukraine's war with Russia.
 The author argues that despite the fact that the active process of globalization continues to rapidly affect and affect the structure of legal systems, and international law, unfortunately, is not always an effective tool for managing these changes contrary to their own principles and customs, to help him comes the phenomenology of global constitutionalism, which serves to limit state power (even democratic), applied at the state level, taking into account the principles of the rule of law, protection of human rights and democracy.
 It is argued that the relevance of lawyers' research on global constitutionalism, in particular the impact of globalization on the development of constitutional law, due to a number of factors, including the following: A) the subject of constitutional law in countries of the world depending on their economic development; B) the essence of constitutional control under conditions of extreme uncertainty becomes important.
 It is stated that one of the most important features of modern constitutionalism of Ukraine, first, is the autonomy of the regulation of constitutional proceedings. In conditions of uncertainty, Ukraine continues to carry out judicial reform, but the issue of improving the procedure for selecting judges to the Constitutional Court of Ukraine remains relevant; secondly, there are real difficulties in constitutional and legal regulation of administrative and territorial reform and risks to the formation of a possible policy of constitutional modernization of Ukraine in the territories occupied by the Russian Federation, especially the Autonomous Republic of Crimea and Eastern Ukraine in digitalization. The formation of Ukrainian constitutionalism in the context of global digitalization should be facilitated by the consolidation of new requirements for law enforcement and law enforcement of constitutional and legislative guidelines in digital format; thirdly, in the process of globalization, the safeguards of the loss of national sovereignty and international legal personality of Ukraine should be the improvement and implementation of legislation on the procedural procedure for consideration by the Constitutional Court of Ukraine of cases on national security and state secrets.