Features Of Implementation Of Competence Of The Constitutional Court Of Ukraine

Abstract

The article is devoted to full and thorough research of the authority of the Constitutional Court of Ukraine related to the rule of the Constitution in the system of sources of national law. From a procedural point of view the legal regime of the Constitutional Court of Ukraine is different from the activity of general courts headed by the Supreme Court of Ukraine. Directly the domineering activities and procedural forms of the authority of the Constitutional Court are regulated by the section XII of the Constitution and the Law on the Constitutional Court.

Constitutional courts are given certain powers for implementation their functions. In particular, the competence of the Constitutional Court does not include direct defense of human rights and freedoms. However, its responsibilities include consideration of the constitutionality of laws and other legal acts of the Verkhovna Rada of Ukraine, acts of the President of Ukraine, acts of the Cabinet of Ministers of Ukraine, legal acts of the Autonomous Republic of Crimea; existing international treaties of Ukraine or the international treaties submitted to the Verkhovna Rada of Ukraine for consent to be bound by them; observance of the constitutional procedure of investigation and consideration of the case of removing the President of Ukraine from office by the impeachment procedure; interprets the Constitution and laws of Ukraine; consideration of issues about violations by the Verkhovna Rada of the Autonomous Republic of Crimea Constitution or laws of Ukraine.

During the research the author distinguished another area of jurisdiction of the Constitutional Court which includes monitoring of international agreements. Such agreements are subjects for review on the constitutionality and include: 1) international treaties submitted to the Verkhovna Rada for consent to be bound by them; 2) current international treaties; 3) acts of international treaty to be entered into force.

Also, it was analyzed that the Constitutional Court of Ukraine also carries out preventive constitutional control on laws amending the Constitution of Ukraine. The author made the conclusion that such power of the Court does not restrict the powers of the legislation body, but only ensure the constitutionality of implementation of such laws.