PECULIARITIES OF THE FUNCTIONING OF THE INSTITUTE OF CONSTITUTIONAL COMPLAINT IN UKRAINE: PROBLEM ASPECTS AND INTERNATIONAL EXPERIENCE

The article analyzes the peculiarities of the functioning of the institute of constitutional complaint in Ukraine. The main problematic aspects of the functioning of the institute through the prism of the decisions of the European Court of Human Rights and the analysis of national legislation and international experience are highlighted. Emphasis is placed on the fact that the institution of a constitutional complaint is one of the most important indicators of observance and effective judicial protection of fundamental human rights and freedoms. The issues of normative provision of such a mechanism of human rights protection in Ukraine are considered in detail, the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Constitution of Ukraine and other normative legal acts directly determining the legal nature of such an institution are analyzed. The authors of the article emphasize that the issue of the effectiveness of the institution of constitutional complaint is extremely important, as it is in fact the last national mechanism to protect a person from encroachment on his rights before applying to the European Court of Human Rights, so it is necessary to pay attention to the activities of this institution in other countries in order to overcome the problems in its functioning through reform and, as a result, to reduce the number of lawsuits against the ECtHR. It is summarized that in general the practice of the institute of constitutional complaint has a positive impact on the development of the rule of law in the state and makes a great contribution to protecting human rights from unlawful encroachments on constitutional rights and freedoms of man and citizen.