|Article title||Issues of Further Legislative Regulation of the Operation the Constitutional Court of Ukraine|
|Name of magazine||Legal journal «Law of Ukraine» (Ukrainian version)|
The article explores the issues stemming from legislative regulation of the general aspects related to the operation of the national constitutional jurisdiction body, as well as the setting of the rules of proof in the constitutional court process.
The relevance of the topic under research is underlain by the fact that despite a significant number of publications and scientific papers, some topical issues relating to the philosophical and methodological substantiation and legislative regulation of the process and the rules under which the Constitutional Court of Ukraine (CCU) exercises its function of ensuring the supremacy of the Constitution throughout the entire territory of the Ukrainian State, are still poorly investigated.
The purpose of the article is to study the issues of legislative regulation of the general aspects related to the operation of the national constitutional jurisdiction body, as well as the setting of the rules of proof in the constitutional court process; to outline the ways and means of overcoming the problematic points of legislative regulation of CCU operation, in particular, those related to proof in the constitutional court process.
The author draws attention to a certain legal casus present in the current Constitution of Ukraine. This means that, on the one part, according to Part 1, Article 8 of the Constitution of Ukraine, CCU in its operation should be focused on the respect for the rule of law principle, and on the other part – on guarantying the supremacy of the Constitution of Ukraine (Part 2, Article 8). However, the author emphasizes that the principles of the rule of law and the supremacy of the Constitution are not identical, just like law and the Constitution are not identical.
A separate part of the article deals with the de facto exclusion of legal entities under public law which, in particular, include local councils formed by territorial communities and certain institutions of civil society, from the circle of subjects which may appeal to CCU. The author proposes to amend Articles 147 and 150 of the Constitution of Ukraine and add to the CCU powers the interpretation of the laws of Ukraine by constitutional submissions of local self-government bodies and public organizations which are legal entities under public law.
The author also argues that it is necessary to implement a range of measures to establish a modern system of statutory support allowing CCU to implement its functions of ensuring the supremacy of the constitutional foundations, the principles and universal human values proclaimed by the Fundamental Law of Ukraine as a democratic, rule-oflaw and social welfare state.
Particularly, it is proposed, by analogy with the legislation regulating the operation of general jurisdiction courts and by the example of the Republic of Georgia, to develop and adopt separate laws on the following: firstly, the status of constitutional jurisdiction and judges of CCU; secondly, the powers of CCU and the procedure for applying to it; thirdly, the constitutional court process.
The author also focuses on the issue relating to the restoration of justice in respect of persons whose rights or freedoms guaranteed by the Constitution of Ukraine are violated as a result of acts or actions of public authorities, which is of particular relevance today in the context of the newly introduced institute of constitutional complaint. The author argues that the Constitution of Ukraine does not include into the CCU powers an assessment to what extent the provisions of a law recognized as unconstitutional may affect a decision of the general jurisdiction court and does not provide for its automatic revocation.
|Keywords||supremacy of the Constitution; rule of law; exceptional circumstances; law; legislation; Constitution, unconstitutionality|
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