The Subject Structure of the Constitutional Court Ukraine According to the New Legislated

Abstract

The main and important feature of constitutional justice in any country is that it is directly related to the activity of the legislative and executive bodies of state power. Only such a court can do control over the activities of public authorities within the framework of the current constitution. The subject of his competence is the establishment of constitutionality of legal acts of these bodies. In this case, the judge in his activity should be guided by the principle of apolitical, observance of which prevents the formation of distrust of society to this. However, due to the heterogeneous political events of recent years and the beginning of constitutional reform in Ukraine, there has   been a shift in the sphere of functioning of the Constitutional Court of Ukraine, also in determining the subject structure. Consequently, the article presents a classification of the subject structure of the Constitutional Court of Ukraine, as well as an analysis of each of them. In addition, the author found that under the new Law of Ukraine «About the Constitutional Court of Ukraine» its subjective part was significantly expanded both in the number of direct participants in the process and in the number of indirect participants. Thus, the judges of the Constitutional Court of Ukraine carry out their activities in the Grand Chamber, Senate, colleges and permanent committees, which significantly accelerates the consideration of the case. It is also positive that, apart from some public authorities (the Supreme Rada, the Cabinet of Ministers, the Ombudsman, etc.), any natural or legal person of private law now has the right to appeal to the Constitutional Court of Ukraine with a constitutional complaint. In this case, an actual became the questions of the procedure for realization of the right to it (the constitutional complaint), the guarantee system and the mechanism for its realization remain, as well as the role of the legal institution of advocacy in resolving the issue of challenging unlawful (unfair) decisions in an international court.