Bondarenko B. Constitutional insurance of the independence of the constitutional court (European and Ukrainian experience)

The dissertation is the first in the Ukrainian science of constitutional law monographic study of ensuring the constitutional and legal independence of the constitutional court based on the analysis of Ukrainian and European experience. The paper covers a comprehensive analysis of the mechanism for ensuring the independence of the constitutional court, classifies the means for its ensuring; the study defines the system of means, with which the constitutional court can ensure its own independence, and which shall be realized by other subjects of law. It has been established that the concept of the independence of the constitutional court is multifaceted and can be considered as a constitutional value, principle, and as a property of the constitutional court which reflects such a status of it, in which there is no undue influence on the Court by other subjects of law. It has been proven that the state of the independence of the constitutional court is a prerequisite for its impartiality in exercising its powers, and it is possible to achieve it given the full operation of the mechanism of the constitutional and legal guarantee. It is substantiated that the legal mechanism of constitutional and legal ensuring of the independence of the constitutional court is a system of legal norms that form guarantees and other legal and non-legal means implemented to prevent the undue influence on the constitutional court and ensure its impartiality in exercising its powers.