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| Article title | Review of Ukraine’s Laws Constitutionality by General Jurisdiction Courts as an Intermediate Form of Constitutional Control (In the Context of a Person’s Right to Constitutional Complaint) |
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| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 12/2018 |
| Сторінки | [163-177] |
| DOI | 10.33498/louu-2018-12-163 |
| Annotation | The article is focused on the issue widely discussed within the professional community but insufficiently studied, namely, review by general jurisdiction courts of legal acts, which are intended to be used in the court proceedings, with respect to their compliance with the Constitution of Ukraine. The purpose of the article is to investigate the contents and the peculiarities inherent in the exercise by general jurisdiction courts of their powers to review the constitutionality of laws in the context of resolving legal disputes in the new conditions of the next stage of legal reforms in Ukraine, and also to analyze whether the court system on the whole and its judges in particular are ready to fulfill their respective part of the national-level task of establishing the supremacy of the Constitution of Ukraine. The author analyzes the difficulties with the application of procedural codes’ novels, which provide that if a court finds that a law or any other legal act contradicts the Constitution of Ukraine, the court does not apply such a law or other legal act but uses the provisions of the Ukrainian Constitution as the direct effect provisions. The author emphasizes that the Constitutional Court of Ukraine (CCU) was and remains the only body of power entitled to recognize legal acts as unconstitutional, since recognition of a legal act as contradictory to the Constitution of Ukraine (unconstitutional) is an official act (action) of a single constitutional jurisdiction body which is made as a result of establishing (finding out, discovering) of a contradiction (inconsistency) of the legal act to the Constitution of Ukraine, and which takes the form of the CCU decision in the manner established by the Constitution and leads to full or partial loss of effect by the legal act concerned. But irrespective that courts of general jurisdiction do not have the right to recognize legal acts as unconstitutional, they are still under the obligation to apply only those legal acts which do not contradict the Fundamental Law, even if at the time of the proceedings they remain formally in effect. Through the analysis of the dynamics of the changing role of courts in limiting the state power for the sake of ensuring the individual rights and freedoms of man and citizen, collective rights of communities and the Ukrainian people on the whole, especially in the context of the institute of constitutional complaint introduced in Ukraine, the article highlights the clear and hidden obstacles to the efficient functioning of constitutional justice in Ukraine and provides a comprehensive analysis of the problems, their causes and consequences. The author consistently proves that Ukraine, today being at the most dynamic stage of its legal reforms as compared with any other time of its history, respectively needs a high-quality, disciplined and highly organized system ensuring the constitutionality of legal acts, and CCU should become its single center but not the only subject.
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| Keywords | Constitutional Court of Ukraine; courts of general jurisdiction; constitutionality of legal acts; constitutional complaint |
| References |
List of legal documents |
