Kuliavets O. Constitutional complaint in the human rights protection mechanism

The dissertation is devoted to the study of theoretical and practical aspects of implementing a constitutional complaint as a means of protecting human rights. In chapter 1 "Constitutional complaint as a means of protecting human rights", the constitutional and legal principles, nature, essential characteristics of a constitutional complaint as a form of appeal to the Constitutional Court of Ukraine and a means of protecting human rights, the model of a constitutional complaint are explored. For the first time, a comprehensive understanding of the nature of a constitutional complaint as "a means of ensuring the supremacy of the Constitution", "a means of improvement of legislation", "a means of protection of human rights" is substantiated. It is substantiated that, by its very nature, a constitutional complaint is a subsidiary individual instrument for the protection (restoration) of the rights of a specific identified person or group of persons and at the same time a tool for approving constitutional values. Within the framework of the existing model of a constitutional complaint, it is proposed to expand the subject of a constitutional complaint by including in the list of normative legal acts that can be the subject of a check for compliance with the Constitution under a constitutional complaint. Chapter 2 "Proceedings in Constitutional Complaint Cases" examines the conditions of admissibility and methods of securing a constitutional complaint, reveals the peculiarities of the procedure for consideration of constitutional complaint cases and the implementation of decisions of the Constitutional Court of Ukraine on constitutional complaints. For the first time, it was proposed to consider the implementation of the decisions of the Constitutional Court of Ukraine in cases of constitutional complaints from the position of dualism: at the individual level as a means of restoring the violated right; at the national level as a means of improving legislation. Got further development the provisions regarding the establishment of criteria for the admissibility of a constitutional complaint, in particular, the expediency of abidance the principle of reasonableness and sufficiency, balance between a person's right to access to justice and the real capacity of the Constitutional Court of Ukraine to consider a case based on constitutional complaints was additionally substantiated. It is proposed, firstly, to supplement section 14 of the Law of Ukraine "On the Constitutional Court of Ukraine" with provisions that would regulate the execution of decisions in detail and fully, and secondly, to establish the requirement that mandatory indication in the operative part of the decision of the Constitutional Court of Ukraine of a certain procedure, the terms of their implementation, the procedure of mandatory reporting to the CCU on the progress of executing decisions. Accordingly, the first and second parts of Article 97 of the Law of Ukraine "On the Constitutional Court of Ukraine" are proposed to be worded as follows: "In order to ensure the real implementation of the decision, compliance with the conclusion, the Constitutional Court of Ukraine must define in its act the order and terms of their implementation, and also entrust the relevant state bodies with the responsibilities of ensuring the execution of the decision, compliance with the conclusion"; "On the results of the implementation of the decision, compliance with the conclusion, the bodies responsible for this are obliged to notify the Constitutional Court of Ukraine in writing within the time limit specified in the decision or conclusion." The results of the research are presented as proposals for improving the norms of current legislation in the form of draft Laws of Ukraine "On Amendments to the Constitution of Ukraine", "On Amendments to the Law of Ukraine "On the Constitutional Court of Ukraine" (regarding the improvement of the institution of constitutional complaints)".