Open AccessConstitutional Complaint in Ukraine: The Interrelation Between the Protection of Subjective Civil Rights and Constitutional Control
Author(s) -
O Krupchan,
Volodymyr Kochyn,
Vitalii I. Zaporozhets,
Mykyta V. Bernatskyi
Publication year - 2020
Publication title -
international journal of criminology and sociology
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.181
H-Index - 6
ISSN - 1929-4409
DOI - 10.6000/1929-4409.2021.10.42
Subject(s) - complaint , law , constitution , political science , element (criminal law) , constitutional court , constitutional review , legislature , enforcement , fundamental rights , human rights
The real possibility of judicial protection of individual rights and freedoms is a key element of effective legal regulation, as well as the manifestation of the rule of law. The new institution of the constitutional complaint lies in a rather specific plane, being both a part of the national system of protection of individual rights and freedoms and an element of constitutional control that ensures the supremacy of the Constitution of Ukraine. The relevance of this study is conditioned by the right of a citizen to complain about the mechanism of legal regulation, taking the provisions of the Constitution as an example. The purpose of the study is to consider the specific features of the interrelation between the protection of subjective civil rights and constitutional control. This study analyses the theoretical aspects, legislative regulation, and practice of the Constitutional Court of Ukraine. It was concluded that subjective rights and interests established by law might be violated, unrecognised or challenged only at the stages of legal implementation or enforcement.