The decision of the Constitutional Court of Ukraine on issues of anticorruption legislation is analyzed from the point of view of their compliance with the principles of the rule of law and anti-corruption tasks in Ukraine. Attention is drawn to the place of decisions of the Constitutional Court of Ukraine in the system of law of Ukraine, the legal and political consequences of their adoption. The need to reform the constitutional status of the Constitutional Court of Ukraine is justified. Based on an analysis of foreign constitutional experience, possible ways of limiting the competence of the Constitutional Court of Ukraine are determined, especially in terms of its function of subsequent constitutional control and the final nature of its decisions.

The conclusion states that endowed with the function of subsequent constitutional control, powers to interpret the Constitution and – until June 2016 – the laws of Ukraine, making appropriate decisions, the Constitutional Court of Ukraine to some extent performs a law-making function, and because its decisions have higher legal force than laws passed by parliament, it means that it to some extent acts as a supra-parliamentary legislature. Such “law-making” of the Constitutional Court of Ukraine may negatively affect the system of law and public relations in Ukraine. Court decisions are often politically and corporately motivated and are significantly influenced by the political situation in the country, unlawful pressure on the court, and the ideological convictions and political positions of the judges themselves. The consent of the Constitutional Court of Ukraine itself will be required to significantly limit the possible negative consequences of the activity of the Constitutional Court of Ukraine. Since any restriction of his constitutional powers, especially after the introduction of the institution of a constitutional complaint, the Constitutional Court of Ukraine may declare as a restriction of human and civil rights and freedoms, which will make it impossible to amend the Constitution of Ukraine.

Bibliography

Edited books 1. Konstitucii gosudarstv Evropy (Okun’kov L obshh red i vstup st, NORMA 2001) (in Russian).

Newspaper articles

2. Kozlovskyi Ivan, ‘U Polshchi systemu deklaruvannia dosi modernizuiut’ Holos Ukrainy (2020, 17 lystopada) (in Ukrainian).

3. Shapoval V ta Kopylenko O, ‘Konstytutsiina sytuatsiia v Ukraini: “rozmovy zaprosto”’ Holos Ukrainy (2020. 15 hrudnia) (in Ukrainian).