Some Issues of Constitutional Justice in Ukraine
Summary: 1. Introduction. – 2. Judicial Status of the CCU as a Body of Constitutional Jurisdiction. – 3. Legitimacy of Constitutional Courts and their Constituent Powers. – 4. Problems of Constitutional Complaint Realization in Ukraine. – 5. Concluding Remarks
Abstract
The article identifies trends in the development of and access to constitutional justice in Ukraine at the current stage. It is alleged that on the one hand, there are attacks on the judicial status of the Constitutional Court of Ukraine, which intensified after the 2016 constitutional reform and the position of the Supreme Court. On the other hand, the effectiveness of a constitutional complaint as a human rights mechanism, i.e. for the formulation of the rights and responsibilities of the individual, is still insignificant. This is due both to the model of the constitutional complaint itself (being exclusively normative) and to the practice that is being formed. The reason for inefficiency can also be called doctrinal unpreparedness for the implementation of a constitutional complaint, because, in fact, despite the large number of studies on the subject, the practical aspect was not well thought out. Both the institutional component and the regulatory framework of the Constitutional Court of Ukraine itself need to be significantly improved. We refer specifically to the Law ‘On the Constitutional Court of Ukraine’ in terms of the interim provisional and protective measure, the implementation of decisions of the Constitutional Court of Ukraine, their actions in time, and specific mechanisms for the restoration of individual rights. In pursuance of the Constitution of Ukraine, a legislative mechanism for compensation for damage caused by unconstitutional acts of public authorities needs to be developed. The provisions of procedural law regarding the review of court decisions in exceptional circumstances as a result of declaring laws unconstitutional need to be adjusted.
About Authors
Ackowledgments
Authors would like to express their gratitude to the interpreter and reviewers for their help and for the English editor.
Conflict of interest
The authors have declared that no conflict of interest or competing interests exist.
Contributors
All the co-authors read, approved the final version and agreed to be accountable for all aspects of this note. The content
of the note was translated with the participation of third parties under the authors’ responsibility.
Berchenko Hryhorii
PhD (Law), Assoc. Prof. of the Department of
Constitutional Law of Ukraine,
Yaroslav Mudryi National Law University, Kharkiv, Ukraine
g.v.berchenko@nlu.edu.ua
https://orcid.org/0000-0002-0365-9009
Maryniv Andriy
PhD (Law), Scientific Researcher,
Scientific Research Institute of State Building and
Local Government of National Academy of
Law Sciences of Ukraine, Kharkiv, Ukraine
a.maryniv@nlu.edu.ua
https://orcid.org/0000-0002-0127-7234
Fedchyshyn Serhii
PhD (Law), Assoc. Prof. of Department of Administrative Law,
Yaroslav Mudryi National Law University, Kharkiv, Ukraine
s.a.fedchyshyn@nlu.edu.ua
https://orcid.org/0000-0003-3096-3214
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Keywords
- constitutional proceedings, constitutional complaint, legitimacy, right to a fair trial, exceptional circumstances
How to cite it?
- H Berchenko, A Maryniv, S Fedchyshyn ‘Some Issues of Constitutional Justice in Ukraine’ 2021 2(10) Access to Justice in Eastern Europe 128–145. DOI: 10.33327/AJEE-18-4.2-n000064
