Research Article
Problematic Issues of Ensuring Human Rights in Ukraine Regarding the Application of Acts Declared Unconstitutional
Issue:
Volume 13, Issue 2, April 2025
Pages:
98-111
Received:
3 February 2025
Accepted:
3 March 2025
Published:
11 March 2025
DOI:
10.11648/j.hss.20251302.11
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Abstract: The article offers the results of research into the problem of ensuring human rights in connection with the application of acts recognized by the Constitutional Court of Ukraine as unconstitutional. The analysis of statistical data on the results of the consideration by the Constitutional Court of Ukraine of constitutional submissions regarding the compliance with the Constitution of Ukraine (constitutionality) of normative legal acts and constitutional complaints of citizens regarding the verification of the conformity of the Constitution of Ukraine of the laws of Ukraine, which were applied in the final court decision, was carried out in the case of the subject of the right to a constitutional complaint. It was concluded that only under the condition of a comprehensive approach to the provision of human rights during the exercise of powers by the state and its officials in law-making and law-enforcement activities, one can hope to solve the problems of ensuring human rights and prevent the application of unconstitutional acts to a person. Based on the statistical data provided by the Secretariat of the Constitutional Court of Ukraine, the authors analyzed the state of regulatory and legal support for a person's exercise of the right to just satisfaction in connection with causing him material or moral damage by acts and actions recognized as unconstitutional. It was concluded that due to the lack of reliable safeguards against the adoption of acts that do not correspond to the Constitution of Ukraine by subjects of authority, currently in Ukraine the mechanism for ensuring human rights does not work properly in connection with the application of acts recognized as unconstitutional to it. Moreover, decisions on recognition of an act applied to a person as unconstitutional by the Constitutional Court of Ukraine take too long. The prescriptions of the third part of Article 152 of the Constitution of Ukraine, which obliges the state to compensate (accordingly with the procedure established by law) material or moral damage caused to people or legal entities by acts and recognized as unconstitutional, are completely declarative in nature, since within 28 years after the adoption of the Constitution of Ukraine, such a document has not been adopted or implemented. The authors conclude that the creation of accountability mechanisms of public authorities is impossible without establishing at the legislative level legal (not fancy political) responsibility for the adoption of unconstitutional acts.
Abstract: The article offers the results of research into the problem of ensuring human rights in connection with the application of acts recognized by the Constitutional Court of Ukraine as unconstitutional. The analysis of statistical data on the results of the consideration by the Constitutional Court of Ukraine of constitutional submissions regarding the...
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,
Vasil Telelym
