Careless whisper Конституційного Суду України та конституційні цілі

Abstract

For almost three years of practice of considering constitutional complaints, the Constitutional Court of Ukraine has accumulated some experience. The material focuses on the institutional shortcomings of the selected domestic model of constitutional complaint and the peculiarities of constitutional jurisprudence in terms of their consideration in quantitative and qualitative parameters. The first part of the paper deals with the peculiarities of considering a constitutional complaint through the prism of constitutional justice as the last national institution for the protection of human rights. The second part analyzes the practice of the Constitutional Court regarding the consideration of complaints, the difficulties that arise in their preparation by complainants or representatives and what criteria should be used to determine the admissibility of complaints. The third part reveals the features of argumentation of complaints and decisions in their resolution. The author draws the attention of the readers to the constitutional and human factors during the review of constitutional complaints. According to the traditional notions the human factor introduces subjectivism in the process of the review constitutional complaints, however one describes the state of the doctrine and the essential content of the subjective public law that requires defense. From the institutional point of view, the constitutional judicial authorities during the review of the constitutional complaints resolve the issue of violation of human rights by the public authorities. Since there exists the statutory constitutional complaint in Ukraine, which results in the verification of the laws applied by the courts of general jurisdiction, its main purpose can be described in two aspects. Firstly, in the verification of the constitutionality of law regarding its compliance with human rights and freedoms as well as the constitutional principles and values. Secondly, in the performed verification whether the provided explanation of the laws in the final court decision is in compliance with the constitutional principles and values and whether it has not resulted in the violation of human rights. Keywords: constitutional complaint, constitutional justice, human dignity, human rights, proportionality rule of law, subsidiarity, the very essence of the right.