Constitutional Court of Ukraine


Work and competence of the Constitutional Court of Ukraine is governed by appropriate clauses of Ukrainian Constitution and by the Law of Ukraine "On the Constitutional Court of Ukraine" effective as of October 22, 1996.

In accordance with clause 13 of the Law of Ukraine "On the Constitutional Court of Ukraine", the Constitutional Court of Ukraine delivers decisions and opinions in the cases covering:

- compliance (or incompliance) of laws and other legislative acts issued by the Ukrainian Parliament (Verkhovna Rada), the President of Ukraine, the Cabinet of Ministers of Ukraine and by the Parliament of the Autonomous Republic of Crimea as well with provisions of the Constitution of Ukraine;

- compliance (or incompliance) of the international treaties of Ukraine (whether ratified or awaiting for ratification) with provisions of the Ukrainian Constitution;

- compliance (or incompliance) of the investigations and impeachment procedures against the President of Ukraine within the limits provided by clause 111 and 115 of the Constitution of Ukraine;

- the official interpretation of the Constitution of Ukraine and laws of Ukraine.

The case can be filed to the Constitutional Court of Ukraine either in the form of a constitutional submission by:

- the President of Ukraine;

- a group of 45 or more Members of the Parliament;

- the Supreme Court of Ukraine;

- the Ombudsman by the Ukrainian Parliament;

- the Parliament of the Autonomous Republic of Crimea;

or in the form of a constitutional appeal by:

- citizens of Ukraine, foreigners, persons destitute of nationality and corporate entities as well.

The constitutional submission in accordance with clause 39 of the Law of Ukraine "On the Constitutional Court of Ukraine" is recognized as the written request to the Constitutional Court of Ukraine covering recognition of a legal act (or a part of the same) unconstitutional, compliance of the international treaties of Ukraine with provisions of the Ukrainian Constitution or covering the official interpretation of the Constitution of Ukraine and Ukrainian laws. The constitutional submission also includes appeal of the Ukrainian Parliament with request to give an opinion as concerning observance of the constitutional procedures provided for investigation and proceedings in the case about impeachment.

The constitutional appeal in accordance with clause 42 of the Law of Ukraine "On the Constitutional Court of Ukraine" is recognized as the written request to the Constitutional Court of Ukraine about interpretation of the Constitution and other laws of Ukraine in order to ensure implementation and protection of the constitutional rights and freedoms of humans and citizens and corporate entities as well.

Decisions and opinions of the Constitutional Court of Ukraine considered being final & binding and constituting the judicial precedents of Ukraine. If a certain legislative act (or a part of the same) is recognized by the Constitutional Court unconstitutional it should not be implemented any more by Ukrainian courts and authorities and the previous judicial decisions can be reviewed on these grounds.

The above information is provided herein in educational and informative purposes only. It is provided that you have to get appropriate legal advice as regarding the legal and other issues of your interest in Ukraine in order to have the exact, extensive and up-to-date legal and other related information.

Do not hesitate to contact us if you have any questions or issues of legal nature, our Law Firm is working for you and our experienced legal specialists are always ready to help providing the client with appropriate legal consultations, legal reports and summaries, reasonable legal advices and all the other required legal support, assistance, coverage and protection.


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Contacts

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