CONSTITUTIONAL AND LEGAL REGULATION OF THE INSTITUTE OF CONSTITUTIONAL COMPLAINT IN UKRAINE

Abstract

The article examines the constitutional and legal regulation of the institute of constitutional complaint in Ukraine. The procedure for filing and consideration of a constitutional complaint, requirements for its form and content are defined. It was found that the right to a constitutional complaint belongs to natural persons (citizens of Ukraine, stateless persons, foreigners) and legal entities under private law. A constitutional complaint is a written petition to the Constitutional Court of Ukraine regarding verification of the conformity of the Constitution of Ukraine (constitutionality) with the law of Ukraine (its individual provisions), which was applied in the final court decision in the case of the subject of the right to a constitutional complaint. It is noted that a constitutional complaint is submitted when all national legal remedies have been exhausted and no more than three months have passed since the date of entry into force of the final court decision, in which the law of Ukraine (its individual provisions) is applied. It was determined that in a constitutional complaint it is necessary to indicate specific provisions of the law of Ukraine, which must be checked for compliance with the Constitution of Ukraine, and specific provisions of the Constitution of Ukraine, for which the law of Ukraine must be checked for compliance. A constitutional complaint must contain substantiation of claims regarding the unconstitutionality of the law of Ukraine (its separate provisions) with an indication of which of the human rights guaranteed by the Constitution of Ukraine, in the opinion of the subject of the right to a constitutional complaint, was violated as a result of the application of the law. The procedure for checking constitutional complaints by the secretariat and panels of the Constitutional Court of Ukraine, the grounds for refusing to open constitutional proceedings in the case of a constitutional complaint are characterized.