Genesis Of The Formation Of The Legal Status Of The Constitutional Court Of Ukraine As A Leading Participant In Constitutional Proceedings

Abstract

The article is devoted to the problem of the formation and further dynamics of the legal status of the Constitutional Court of Ukraine as a leading participant in constitutional proceedings.

The author’s conviction, the historical formation of the institute of constitutional control and constitutional production was indirectly fixed for the first time during the Cossack era and the Hetman. The next stage was the adoption on April 29, 1918 by the Central Council of the adopted Constitution of the Ukrainian People’s Republic, proclaimed Ukraine an independent, sovereign, independent state with the General Court in its structure.

In Soviet times, this stage was the creation of the Constitutional Oversight Committee. The committee elected the Supreme Council of the Ukrainian SSR for a term of 10 years consisting of a chairman, his deputy, and seven members. The Committee for Constitutional Oversight received the following powers: to provide the Supreme Council of the Ukrainian SSR with conclusions on the compliance of the draft laws with the Constitution of the Ukrainian SSR; supervise compliance with the Constitution of the Ukrainian SSR and the laws of decrees and orders of the Council of Ministers of the USSR; to give conclusions on the compliance with the Constitution of the Ukrainian SSR of acts of local Soviets of People’s Deputies, other state bodies and public organizations of the republic.

At the pre-constitutional stage, after the declaration of independence of Ukraine, the organization and procedure of the Constitutional Court was determined by the Law “On the Constitutional Court” of June 3, 1992. It is an independent body in the judiciary, whose task was to ensure the conformity of laws, other normative acts of the legislative and executive authorities with the Constitution of Ukraine, protection of the rights and freedoms of man and citizen. Subsequently, on June 8, 1995, the Constitutional Treaty was concluded between the Supreme Council of Ukraine and the President of Ukraine, in Art. 38 of which it is indicated that the Constitutional Court of Ukraine is an independent judiciary, which ensures the compliance of laws, other legislative and executive acts with the Constitution of Ukraine, the protection of constitutional rights and freedoms of man and citizen.

On June 28, 1996, the Constitution of Ukraine was adopted, which redefined the procedure and functioning of the Constitutional Court of Ukraine. In chapter 147 states, that the Constitutional Court of Ukraine is the only body of constitutional jurisdiction in Ukraine.

After the judicial reform (June 2, 2016) and the Law “On the Constitutional Court of Ukraine” (July 13, 2017), the catalogue of powers of the Constitutional Court of Ukraine has expanded significantly.