Hetsko M. The institute of constitutional complaint as a means of protecting of principal rights and freedoms: comparative-legal analysis

The dissertation is based on the major achievements of science and legal analysis of domestic and foreign legislation governing constitutional justice in foreign countries carried out a comprehensive study of the theoretical and practical aspects of the constitutional complaint. This paper considers the history and development of the institute of constitutional complaints. Underlines its important role in the legal mechanism to protect the fundamental rights and freedoms. Defined the legal nature of the constitutional claim, formulated the concept of the constitutional complaint, determined by its content, structure and function are discussed (regulatory mechanism) the procedure for filing a constitutional complaint with the practice of constitutional proceedings on complaints of citizens and their associations in foreign countries. The paper contains provisions regarding the problems related to the inefficiency of the current legal mechanism for regulating the access of persons to the constitutional justice. Suggests appropriate ways to resolve it. This analysis led to the conclusion of the need for Ukrainian citizens, foreigners and stateless persons, as well as legal entities the right to appeal to the Constitutional Court of Ukraine for protection of their constitutional rights and freedoms. To be prompted to enter in the national legal institution of the constitutional complaint by which to resolve conflicts through legal relationship between citizens and public authorities. Also offered at the legislative level to endow the Commissioner of the Supreme Council the authority to appeal to the Constitutional Court of Ukraine this complaint, moreover, in exceptional cases such as the right to give the Attorney General of Ukraine, prosecutors regions and districts. In this connection, the parliament proposed to develop an adequate approach to the problem of disposing of existing conflicts in the legislation, as well as improve the judicial protection of fundamental rights and freedoms of citizens, make the appropriate changes in the laws and the Constitution of Ukraine. Attention is drawn to the fact, that the introduction of a constitutional complaint in the legal system of Ukraine, will enhance the role of the Constitutional Court of Ukraine, not only in protecting the rights and freedoms of human and citizen in modern conditions, but also significantly improve the implementation of the constitutional control in the country as a whole.