On December 17, 2021, a training “Problems of constitutional proceedings upon constitutional complaints” was held in the Constitutional Court of Ukraine.
The event was organised in cooperation with the OSCE Project Co-ordinator in Ukraine within the project “Support for the protection of human rights by improving access to constitutional justice”.
Viktor Beschastnyi, Head of the Secretariat of the Constitutional Court of Ukraine, staff of patronage offices of judges and the Secretariat, international experts-special advisors to the Constitutional Court of Ukraine Mirosław Granat, Alexandru Tănase, George Papuashvili and Oleksandr Vodiannikov, National Legal Advisor to the OSCE Project Co-ordinator in Ukraine, participated in the training.
The main topics of discussion were the practical application of the institute of constitutional complaint as a tool to protect human rights and freedoms, analysis of the practice of constitutional jurisdiction of foreign countries on the specifics of the admissibility of constitutional complaints and measures to ensure it.
The Head of the Secretariat of the Court Viktor Beschastnyi welcomed the participants, noting that the event is a unique opportunity for employees of the Secretariat of the Court, who are directly involved in the process of constitutional complaints, to learn about the international experience of the institute. He stressed that the institute of a constitutional complaint is an important means of protecting human rights that have been violated as a result of the application of the provisions of laws that contradict fundamental constitutional principles.
During his report, Oleksandr Vodiannikov, National Legal Advisor to the OSCE Project Co-ordinator in Ukraine, pointed out the fruitful cooperation between the Constitutional Court of Ukraine and the OSCE Project Co-ordinator aimed at establishing the rule of law in Ukraine in accordance with the best international standards.
Mirosław Granat, Alexandru Tănase, George Papuashvili, special advisors to the Constitutional Court of Ukraine, shared their international experience in applying the institute of constitutional complaint with the staff of the Court Secretariat online.
During the training, participants considered a number of issues related to the conditions and criteria of admissibility of a constitutional complaint, features of the legal status of legal entities under public and private law, opportunities (determination of conditions) for filing a constitutional complaint by a legal entity under public law.
The issue of the execution of the decisions of the Constitutional Court in cases upon the constitutional complaints raised lively discussions. In particular, the participants of the training discussed the mechanisms of compensation for material and moral damage caused to individuals or legal entities by acts recognized as unconstitutional and the peculiarities of restoring the violated constitutional rights of a person in such circumstances.
