CONSTITUTIONAL COMPLAINT IN THE MECHANISM FOR THE PROTECTION OF THE RIGHTS OF INDIVIDUALS AND LEGAL ENTITIES UNDER PRIVATE LAW: ISSUES OF THEORY AND PRACTICE

Abstract

The article analyzes the issue of a constitutional complaint in the mechanism of pro-tection of the rights of individuals and legal entities under private law. It has been found that Ukraine has implemented a model of an incomplete normative constitutional com-plaint, with a limited subject of appeal in the presence of constitutionally defined criteria for its admissibility, which limits the initiation of the issue of checking a subordinate regulatory act. It has been established that the decisions of the Constitutional Court of Ukraine based on the results of consideration of a constitutional complaint have important national signif-icance, given their preventive effect, the formation of legal positions regarding the interpre-tation of constitutional norms and principles of law in a systemic connection. As an individ-ualized means of protection of rights for natural persons, legal entities under private law, a constitutional appeal has practical significance only from the position of a "filter" before ap-plying to the European Court of Human Rights, as it does not ensure a review of the final court decision, subject to its implementation, given the absence of decisions of the Consti-tutional Court of Ukraine on constitutional complaints of retroactive effect in time. It was revealed that when deciding the issues raised in the constitutional complaint, the Constitutional Court of Ukraine takes into account the practice of interpretation and application of international treaties by the European Court of Human Rights, which over the years of practice formulated certain standards of the effectiveness of the constitutional complaint, which are subject to development and are applied to the question of whether there are national means of legal protection effective from the point of view of Article 13 of the Convention. It was found that the problematic issues of the functioning of the institute of constitu-tional complaints lie in the sphere of interaction between the bodies of legislative power, courts of general jurisdiction and the Constitutional Court of Ukraine, increasing the level of professional knowledge of lawyers regarding the algorithms of drafting and filing con-stitutional complaints.