Formation of the Ukrainian Constitutional Court as a Basis to Ensure its Legitimate Functioning

Abstract

The article presents the main reasons for the loss of popular legitimacy of the Constitutional Court of Ukraine and suggests the ways and methods of perfecting the Constitutional Court of Ukraine and elaboration of criteria for the post of judge in it. The author convincingly proves the possibility of applying in Ukraine the European experience of this institution functioning, taking into account national peculiarities of the country. This article states that the role of constitutional justice in society and especially for the legal- political system of modern constitutional democratic state is extremely significant.The Constitutional Court as the body of constitutional control is of great importance in the mechanism of legitimization of the government because it is intended to protect the fixed in the Constitution sovereign rights of citizens from illegal actions and decisions of public authorities, giving them additional legitimacy.The court is endowed with such authority because it performs the role of the guardian of the Constitution, and is by its nature the social contract which, on the one hand, defines the basic rights and freedoms of a person and on the other – restricts the powers of the state. To implement the democratic legitimization the Constitutional Court of Ukraine must possess certain powers, which are now fixed in the Constitutions of the developed European countries.