Ostapenko V. Judicial guarantees of constitutional human rights: a comparative legal aspect.

There have been researched judicial guarantees as a constitutional legal institution in this dissertation. There is the proposed author's classification of judicial guarantees of human rights. In particular, according to their legal nature, they are divided into: 1) organic; 2) institutional guarantees; 3) procedural guarantees; 4) special (additional) judicial guarantees. It has been determined that the main conditions for the admissibility of the constitutional complaint are as follows. Firstly, the subject who is entitled to file a constitutional complaint is a “person”. Secondly, the subject matter of appeal on the constitutional complaint in Ukraine is only one type of the regulatory act – the law and only the one that was used in the trial of the person's case. Thirdly, the basis for treatment with the constitutional complaint is the violation of the fundamental rights of a person and citizen. Fourth, the legal basis for the person’s claim expressed in the complaint is that the law is contrary to the Main Act of the State. Fifthly, the person has used all the national remedies to get legal defense. Sixthly, the existence of the final court decision on the case, i. e., such a decision that is not subject to appeal and is mandatory for performance in respect of a person who addresses with the constitutional complaint. Seventh, the constitutional complaint shall be submitted in term which is clearly defined in the valid legislation and shall comply with the form stipulated.