78 Volume 9, Special Issue, October 2019 Juridical Tribune
the needs and challenges of modern society. Additionally, we know other principles
what can be used to ensure constitutional justice everywhere: rule of law,
proportionality, check and balances, national interest, protection of human rights etc.
The legal system of such a society guarantees that every citizen will enjoy
and fully realize his/her rights and freedoms underpinned by fundamental democratic
values. By consideration of the role of the constitutional court in protecting the rights
and interests of its citizen, it must be understood that such judicial protection is the
highest form of guaranteeing respect for human rights in every democratic society.
The construction of a state mechanism on the principle of checks and balances
properly confirms this recognition. The said structure usually is duly incorporated in
primary national legislation (acts of the highest legal force) - Basic Laws
(Constitutions). Ukraine is not an exception.
According to art. 6 of the Constitution of Ukraine (1996), the State power in
Ukraine shall be exercised with the consideration of its division into legislative,
executive, and judicial branches. Legislative, executive, and judicial bodies shall
exercise their authority within the limits determined by this Constitution and in
accordance with the laws of Ukraine4.
The Constitutional Court of Ukraine was established in Ukraine in 1992, and
de facto started its activity in October 1996 - after the current Constitution of Ukraine
was adopted. Article 147 of the Constitution of Ukraine (1996), provides: “The
Constitutional Court of Ukraine shall be the sole body of constitutional jurisdiction
in Ukraine. The Constitutional Court of Ukraine shall resolve the issues of
conformity of laws and other legal acts with the Constitution of Ukraine and provide
the official interpretation of the Constitution of Ukraine (1996) and laws of
During the past at least ten years, courts in Ukraine have indeed become a
specific hostage of the struggle between different branches, political parties for
power and their particular influence on the constitutional court to overrule unwanted
legislation, further to receive wanted decision/opinion due to its (often hypothetical)
incompatibility with the constitution.
That is why six years ago the level of people's trust to the constitutional
court's activity (simply justice and its effectiveness) dropped sharply. Such
decreasing of trust (distrust) was deeply rooted in (including for objective reasons,
when the constitutional court was used as an effective instrument to combat the
opposition, particularly during the revolutionary events in Ukraine at the end of 2013
– at the beginning of 2014. Political bodies of legislative and executive branches of
state power, who violated its independence, intervened into its activity, competed to
receive more influence on the constitutional court, as well as the mass media and
other so-called 'experts' in constitutional justice do not allow to create a positive
image of the court.
4 Constitution o f Ukraine. Law № 254к/96-ВР, 28.06.1996 (URL: https://zakon.rada.gov.ua/laws/
5 Constitution o f Ukraine. Law № 254к/96-ВР, 28.06.1996 (URL: https://zakon.rada.gov.ua/laws/