ПРАВИЛА ПОДАННЯ КОНСТИТУЦІЙНОЇ СКАРГИ ТА УМОВИ ЇЇ ПРИЙНЯТНОСТІ
An important element in positioning the state as a democratic legal and social is to guarantee the institutions of protection of human and civil rights and freedoms. Therefore, under modern conditions of development of society and law, the problem of improving the mechanism of implementation of human rights protection occupies a prominent place. In most countries of the world, where there are specialized tribunals of constitutional justice (such as the Constitutional Court), the individual form of appeal has long been traditional. In our study we propose to pay attention not only to the theoretical justification of the constitutional complaint as an institution of guaranteeing the rights of the individual in Ukraine, but also to the problems of exercising the right to a constitutional complaint at the stage of its submission, namely compliance by applicants. The 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 subject of a constitutional complaint may be exclusively the issue of compliance of the Constitution of Ukraine with the law of Ukraine (its separate provisions). The Constitutional Court of Ukraine is not authorized to consider complaints against actions and decisions of bodies of state power and local self-government, their officials, to evaluate these actions and decisions. If the constitutional complaint does not meet the requirements of the Law, the Court returns it to the subject of the constitutional complaint. We draw your attention to the fact that the Secretariat of the Constitutional Court of Ukraine plays an important role in resolving the admissibility of a constitutional complaint and the openness of the case. It is the Secretariat that shows the subject of the complaint about the violations in the form or essence of the submitted constitutional complaint, which is then an auxiliary tool for re-publishing this complaint. At the stage of consideration of the constitutional complaint, the grounds may also be identified, which entail the closure of the proceedings. That is, the successful filing of a constitutional complaint is not yet a basis for a decision. Thus, the important place of the constitutional complaint in the mechanism of protection of human rights in Ukraine is determined by its properties and functions. The human rights role of the constitutional complaint is manifested through the provision of human rights. A person, through the application of the mechanism of a constitutional complaint, has the opportunity to enter into a legal dispute with the state over the constitutionality of its most important decisions - the Laws of Ukraine. A constitutional complaint is a measure of the democracy of the state, the constitutionality of its laws, and the rule of law. In order for a person to effectively exercise his or her right to a constitutional appeal, it is necessary to strictly comply with the requirements for the form and content of the constitutional complaint and the conditions of its admissibility. As a result of our research we come to the conclusion that the most common mistakes of the applicants are: incorrect understanding of the object and subject of the appeal, lack of substantiation of their legal position on the inconsistency of the law with the Constitution of Ukraine, submission of an incomplete package. ; Стаття присвячена висвітленню ролі конституційної скарги у механізмі захисту прав людини в Україні. Досліджено проблемні аспекти, що пов'язанні з поданням індивідуальної конституційної скарги, а саме додержанням суб'єктом звернення до Конституційного Суду України – особою, вимог щодо форми і змісту конституційної скарги та умов її прийнятності.