Issue: № 2, 2024
Doi: https://doi.org/10.37634/efp.2024.2.20
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.
Keywords : constitutional justice, effective protection mechanism, constitutional complaint, defense tool, Constitutional Court of Ukraine, basic rights and freedoms of the person, functions of constitutional complaint
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