Appeal with a Constitutional Complaint as a Tool for Protection of Human Rights in Ukraine

Abstract

The purpose of the article – is a constitutional complaint in Ukraine has become a new tool for the protection and restoration of human rights, the authority of which is constantly growing. In 2018 alone (as of September 17, 2018), 491 constitutional complaints were filed with the Constitutional Court of Ukraine. The number of complaints filed is constantly growing, due to several factors. Methodology. The methodological tools were chosen in accordance with the set goal, this article is an analysis of the domestic model of constitutional complaint in the context of the first experience of their consideration in the Constitutional Court of Ukraine. First, it is about the “novelty” of the constitutional complaint as a tool by which a person is able to protect themselves from state interference at the level of “law of Ukraine”, which was not previously within the national legal order. Secondly, in March-April 2018, the Constitutional Court of Ukraine reorganized its activities, creating the Grand Chamber, two senates and boards, which “launched” the mechanism for reviewing constitutional complaints in Ukraine. Scientific novelty. Although as of September 1, 2018, no decision has been made, constitutional proceedings in dozens of cases on constitutional complaints have reached the finish line and in the near future society will see the first decisions. Also, the nature of the constitutional complaint is being actively studied by domestic scholars. Conclusions. The constitutional complaint as a phenomenon is just beginning to be embodied in the constitutional practice of Ukraine

Keywords

• constitution
• human rights
• constitutional complaint
• constitutional court of ukraine