Procedural Status Of The Constitutional Court Of Ukraine As The Main And Mandatory Subject Of Constitutional Proceedings

  • V.I. Rozvadovskyi
Keywords: the Constitutional Court, the constitutional jurisdiction, the judicial system, human rights, the interpretation of laws.

Abstract

The Constitutional Court of Ukraine occupies a special place in the state authorities of Ukraine. As defined by the Constitution of Ukraine, justice in Ukraine is conducted by the Constitutional Court and courts of general jurisdiction. The Constitutional Court is the sole(single) body of constitutional jurisdiction in Ukraine.

The purpose of this article is to clarify the place of the Constitutional Court in the mechanism of separation of powers due to the fact that judicial authorities ensure the consideration of socio-political disputes through law. Moreover, through the definition of the rights and obligations of participants they provide legal balance of their interests. In the mechanism of the state power the Constitutional Court owns the capacity to ensure the primacy of the rule of the Basic Law (Constitution), the constitutional order, fundamental rights and freedoms of citizens. Therefore, this body acts as constitutional authority with special competence, whose functions have completely independent character.

Constitutional Court, acting in the political and legal environment, creates its own constitutional policy, decides the constitutional-legal disputes, gives interpretation of the Constitution and laws of Ukraine, performs constitutional control. Specificity of the power of the Constitutional Court is that this body is selected from the system of general jurisdiction and that it represents the system of legal protection of the constitution.

The jurisdiction of Constitutional Court is based on the organizational unity of the body, which manifests itself in its regulatory independence and internal differentiation. The organizational structure of the Constitutional Court should be focused on the effective implementation of fundamental justice, reducing the possibility of manipulating of the Court and the possibility of the Court to determine the implementation of regulations for its decisions.

Published
2020-01-17