Issue: № 11, 2024
Doi: https://doi.org/10.37634/efp.2024.11.6
The main regulatory legal act that contains all the defining human rights is the Constitution of Ukraine, which is essentially the guarantor of these rights and the democratic course of our country. The Constitution contains many mechanisms that allow protecting and guaranteeing the inviolability of the person. An example is Art. 64 of the Constitution of Ukraine, which provides a clear list of human rights and freedoms that cannot be limited even in conditions of emergency or martial law. An additional safeguard is the provisions of the Fundamental Law that regulate the activities of the Constitutional Court of Ukraine, one of the main guarantors of compliance with the Constitution. The decisions made by this special court are binding and cannot be appealed. However, in practice, there are cases when the legislator neglects these principles and reintroduces regulatory legal acts that have already been recognized as unconstitutional. This paper analyzes in detail the main decisions of the Constitutional Court of Ukraine, which interpret in detail the principle of binding nature of the decision of the Constitutional Court of Ukraine. These decisions describe in detail that situations will be unacceptable when the Verkhovna Rada of Ukraine, as the sole legislative body, will re-introduce laws that have already lost force, or regulatory legal acts similar to such laws. The paper provides clear examples when the Verkhovna Rada of Ukraine, despite the current decisions of the Constitutional Court of Ukraine, introduced regulatory legal acts that have already lost force. The paper also develops positions and conclusions that will help to avoid such unlawful actions of the legislator in the future and provides a clear algorithm of actions that should be taken with already adopted, presumably unconstitutional laws.
Keywords : obligation, constitutionality, validity of the law
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