ПРОБЛЕМИ ВИКОНАННЯ РІШЕНЬ КОНСТИТУЦІЙНОГО СУДУ УКРАЇНИ У СПРАВАХ ЗА КОНСТИТУЦІЙНИМИ СКАРГАМИ

Keywords: constitutional complaint, supremacy of constitution, Constitutional Court of Ukraine, Federal Constitutional Court of Germany, execution of decisions of the Constitutional Court of Ukraine

Abstract

The complaint in the context of the human rights mechanism as a means of protecting the rights of the individual and ensuring the supremacy of the Constitution attracts the attention of researchers.

 Based on the results of consideration of constitutional complaints, the Constitutional Court of Ukraine may declare legal acts unconstitutional, ensuring the supremacy of the Constitution and protection of human rights. In addition, the regulation of disputed legal relations is changing. But the mere fact of a court decision does not mean that it will be executed automatically. The decision of the Constitutional Court of Ukraine must be complied with - this is enshrined in the Constitution of Ukraine, which has the highest legal force among other legal acts. Difficulties regarding the execution of decisions of the Constitutional Court of Ukraine and the regulation of such execution are related to the special legal nature of the Constitutional Court and its purpose.

Execution of decisions of the Constitutional Court of Ukraine on declaring a normative legal act unconstitutional should be carried out through consistent work of the legislature to eliminate legal gaps caused by the decision of the Constitutional Court by adopting relevant laws by the state. However, it is obvious that the legislation still does not clearly define the mechanism of implementation of the CCU decision.

This article analyzes the statistics of the Constitutional Court of Ukraine's consideration of cases on constitutional complaints compared with the statistics of similar activities of the Federal Constitutional Court of Germany. An analysis of the legislation of Ukraine and Germany governing the implementation of decisions of the Constitutional Court.

It is proposed to amend the legislation that will increase the effectiveness of implementing the decisions of the Constitutional Court of Ukraine, including in cases of constitutional complaints.

The relevance of this work is that today the statistics on the implementation of decisions of the Constitutional Court of Ukraine in cases of constitutional complaints are unsatisfactory. To improve the situation, it is necessary to identify the causes of low rates and suggest ways to overcome them.

Published
2021-12-30
How to Cite
Кулявець, О. С. (2021). ПРОБЛЕМИ ВИКОНАННЯ РІШЕНЬ КОНСТИТУЦІЙНОГО СУДУ УКРАЇНИ У СПРАВАХ ЗА КОНСТИТУЦІЙНИМИ СКАРГАМИ. Scientific Notes of Lviv University of Business and Law, 31, 54-61. Retrieved from https://nzlubp.org.ua/index.php/journal/article/view/508