INSTITUTE OF CONSTITUTIONAL COMPLAINT AS A LEGAL GUARANTEE OF HUMAN RIGHTS IN UKRAINE

Abstract

The article highlights in the constitutional and legal aspect the specifics of the institute of constitutional complaint as a legal guarantee of human rights in Ukraine, taking into account the practice of foreign experience and the peculiarities of national constitutional justice. The organizational and legal nature of a constitutional complaint is emphasized, which is a form of direct appeal to a body of constitutional jurisdiction, as it is filed by a person in the interests of protecting his rights, which are violated by law as a result of specific law enforcement. Emphasis is placed on such features of the constitutional complaint as its structure – internal structure, which includes: 1) norms governing the grounds for proceedings on the constitutional co-mplaint; 2) norms devoted to the subject of the appeal (normative legal acts that contain a probable violation of constitutional rights and freedoms and the verification of their con-stitutionality is referred to the jurisdiction of the Constitutional Court of Ukraine); 3) norms that determine the peculiarities of the legal status of the participants in the constitutional appeal; 4) norms that enshrine the procedure of proceedings on a constitutional complaint. The final features of the constitutional complaint are indicated, among which: 1) the complaint must be related to a specific case in which the final decision of the competent authority has been made; 2) the basis of the complaint should be only the violation of the rights and freedoms of the person, which are directly enshrined in the text of the state constitution; 3) the complaint is of a subsidiary nature, which means that it can be filed only after all other available remedies have been exhausted; 4) consideration of the complaint belongs to the competence of the body of constitutional justice, the decision of which is final and obliges all other bodies of the state to implement it. Emphasis is placed on the introduction of a full normative constitutional co-mplaint, as this model allows the most effective implementation of a person's access to co-nstitutional justice to protect violated constitutional rights and freedoms. It is emphasized that the institution of constitutional complaint has the ability to establish effective protection of individual rights, and that is important, while guaranteeing their implementation and in general to be an important lever to ensure public accountability to society and the development of national constitutionalism.