Citizens of Ukraine, foreigners, stateless persons and legal entities have the right to apply to the Constitutional Court of Ukraine (hereinafter - the Constitutional Court or the Court) in accordance with the requirements established by the Law of Ukraine "On the Constitutional Court of Ukraine" (hereinafter - the Law).
The form of appeal to the Constitutional Court is a constitutional complaint.
Letters, complaints, petitions, statements, including statements of claim, other appeals on issues that do not fall within the competence of the Court, are processed by the Secretariat of the Constitutional Court (hereinafter - the Secretariat) in the manner prescribed by the Law of Ukraine "On Citizens' Appeals".
A constitutional complaint may be filed if the final court decision in the person's case has entered into force no earlier than September 30, 2016.
A constitutional complaint in a case in which the final court decision entered into force before September 30, 2016, is returned by the head of the Secretariat to the subject of the right to a constitutional complaint without consideration.
A constitutional complaint shall be sent to the Constitutional Court by post or submitted directly to the Registry without payment of a court fee.
Pursuant to Article 55 of the Law, a constitutional complaint is a written petition submitted to the Court to review the compliance of the Constitution of Ukraine (constitutionality) with the law of Ukraine (its separate provisions) applied in the final court decision in the subject of the constitutional complaint.
The constitutional complaint states:
- last name, first name, patronymic (if any) of a citizen of Ukraine, foreigner or stateless person, address of registered place of residence of the person (for foreigner or stateless person - place of residence) or full name and location of the legal entity, as well as communication number, address e-mail, if any;
- information on the authorized person acting on behalf of the subject of the right to a constitutional complaint;
- a summary of the final court decision in which the relevant provisions of the law of Ukraine were applied;
- description of the course of consideration of the relevant case in the courts;
specific provisions of the law of Ukraine to be checked for compliance with the Constitution of Ukraine, and specific provisions of the Constitution of Ukraine for compliance with which the law of Ukraine is to be checked;
- substantiation of allegations regarding the unconstitutionality of the law of Ukraine (its separate provisions) indicating which of the human rights guaranteed by the Constitution of Ukraine, in the opinion of the subject of the right to a constitutional complaint, has been violated as a result of the law;
- information on the documents and materials referred to by the subject of the right to a constitutional complaint, with the provision of copies of these documents and materials;
- list of documents and materials attached.
According to Article 56 of the Law, a subject of the right to a constitutional complaint is a person who considers that the law of Ukraine (its separate provisions) applied in the final court decision in his case contradicts the Constitution of Ukraine.
The subjects of the right to a constitutional complaint do not include legal entities under public law.
An individual signs a constitutional complaint in person.
If the subject of the right to a constitutional complaint is an able-bodied natural person who, due to health or physical disability, is unable to personally sign the constitutional complaint, it is signed by a person authorized by law in the manner prescribed by law.
The constitutional complaint of a legal entity is signed by the authorized person, whose authority must be confirmed by the constituent documents of this legal entity and the act on appointment (election) to the position of the authorized person.
According to the first part of Article 74 of the Law, a constitutional complaint is submitted to the Court in the state language.
According to Article 77 of the Law, a constitutional complaint is considered admissible provided that it complies with the requirements provided for in Articles 55 and 56 of the Law, and if:
- all national remedies have been exhausted (in the presence of a court decision adopted as an appellate review, which has entered into force, and in the case of the possibility provided by law for a cassation appeal - a court decision rendered in a cassation review);
- no more than three months have elapsed from the date of entry into force of the final court decision in which the law of Ukraine (its separate provisions) has been applied.
As an exception, a constitutional complaint may be accepted outside the requirements set out in paragraph 2 of part one of this article, if the Court finds its consideration necessary for reasons of public interest.
If the subject of the right to a constitutional complaint missed the deadline for filing a constitutional complaint due to the fact that he / she did not have the full text of the court decision, he / she has the right to request a renewal of the missed deadline in the constitutional complaint.
The court refuses to initiate constitutional proceedings, declaring a constitutional complaint inadmissible if the content and requirements of the constitutional complaint are manifestly unfounded or there is an abuse of the right to file a complaint.
Pursuant to the second part of Article 57 of the Law, paragraph 8 § 39 of the Rules of Procedure, the Secretariat shall carry out a preliminary examination of constitutional complaints for compliance with the requirements established by Articles 55, 56, part one of Article 74 of the Law.
If the constitutional complaint does not meet the requirements of the Law, the head of the Secretariat returns its subject to the right to a constitutional complaint indicating which requirements of the Law it does not meet (paragraph 1 of part three of Article 57 of the Law, paragraph 1 § 40 of the Rules).
The return of a constitutional complaint does not preclude re-appeal to the Court in compliance with the requirements of the Law (paragraph 2 of part three of Article 57 of the Law).
The constitutional complaint is filed exclusively regarding the compliance of the Constitution of Ukraine with the law of Ukraine (its separate provisions). Actions or inaction of public authorities, decisions of courts in the judicial system of Ukraine are not appealed to the Constitutional Court. The Constitutional Court is not authorized to review court decisions, revoke them, assess the correctness of the application of substantive and procedural law by courts, as well as review court decisions for compliance with the Constitution of Ukraine and the laws of Ukraine.
The Constitutional Court is not a subject of legislative initiative, it cannot interfere in the activities of the legislative body of state power, change or supplement existing regulations.
With the entry into force of the Law of Ukraine “On Amendments to the Constitution of Ukraine (on Justice)” of June 2, 2016 № 1401-VIII (as of September 30, 2016), the Constitutional Court lost the power to officially interpret the laws of Ukraine on constitutional appeals.
The company's specialists provide all necessary advice on the preparation of a constitutional complaint and accompany its consideration in the Court.