Information for citizens

Версія для друку

Procedure and terms of appeal to the Constitutional Court of Ukraine

by citizens and legal entities

 

 

Everyone shall have the right to know the grounds to appeal to the Constitutional Court of Ukraine and the requirements prescribed for such appeals by the Law of Ukraine "On the Constitutional Court of Ukraine" dated 16 October 1996 (hereinafter referred to as “the Law”).

I. According to the Law, citizens of Ukraine, foreigners, stateless persons and legal entities shall have the right for appeal to the Constitutional Court of Ukraine for providing the official interpretation of the Constitution and laws of Ukraine only.

II. The form of application to the Constitutional Court of Ukraine for such persons shall be a constitutional appeal.

III. A constitutional appeal should meet requirements envisaged by the Law concerning the form, content and grounds for such application. Failure to meet at least one of these requirements by an applicant shall be the ground for refusal to admit the constitutional appeal for consideration.

IV. According to Article 42 of the Law, a constitutional appeal shall be a written application to the Constitutional Court of Ukraine on the necessity of official interpretation of the Constitution and laws of Ukraine in order to ensure implementation or protection of the constitutional human and citizen’s rights and freedoms as well as the rights of a legal entity.

A constitutional appeal shall be sent to the Constitutional Court of Ukraine as post correspondence or submitted directly to the Secretariat of the Constitutional Court of Ukraine.

A constitutional appeal shall obligatorily include:

1) surname, first name and patronymic of the citizen of Ukraine, foreigner or  stateless person, his/her address of residence, or full name and location of the legal entity;

2) information concerning the representative of an individual authorised by law or proxy;

3) articles (specific provisions thereof) of the Constitution and/or laws of Ukraine, interpretation of which is to be provided by the Constitutional Court of Ukraine;

4) substantiation of the necessity of official interpretation of the provisions of the Constitution and/or laws of Ukraine;

5) information concerning other documents and materials, which the subjects of the right to constitutional appeal refer to (copies of these documents and materials to be enclosed);

6) a list of enclosed documents and materials.

 

A constitutional appeal shall be supplemented with:

  • texts of articles (specific provisions thereof) of the Constitution and/or the law of Ukraine, official interpretation of which is to be provided and the sources of their publication;
  • power of attorney or other document confirming the competence of the representative authorised by law or proxy;
  • duly completed copies of courts’ decisions or other public authorities confirming the facts of inconsistent application of the provisions of the Constitution and/or laws of Ukraine, which require official interpretation;
  • other materials and documents which the authors refer to, in justifying the necessity for official interpretation of the Constitution and/or laws of Ukraine. Correctness of the copies of documents must be properly certified (sealed (stamped) and signed by the relevant official of a legal entity at the place of work or residence).

 

A constitutional appeal, enclosed documents and other materials shall be submitted in triplicate.

Constitutional appeals shall be filed with the Constitutional Court of Ukraine without payment of state duty (Article 60 of the Law).

While submitting an appeal to the Constitutional Court of Ukraine, its authors should take into account two important points. Firstly, under the Law, one of the basic requirements for the content of a constitutional appeal shall be substantiation of the necessity of official interpretation of the Constitution and/or laws of Ukraine (Article 42). Secondly, The grounds for a constitutional appeal concerning official interpretation of the Constitution and/or laws of Ukraine shall be inconsistent application of the provisions of the Constitution and/or laws of Ukraine by courts of Ukraine, other public authorities, if the subject of the right to constitutional appeal considers it may lead or has led to violation of his/her constitutional rights and freedoms (Article 94).

Inconsistency of application of the provisions of the Constitution and/or laws of Ukraine by the courts, other public authorities lie in the fact that the in the general practice of law the provisions of the Constitution and/or laws of Ukraine are applied in different ways under legally identical conditions in the cases of the same category. Inconsistent interpretation (explanation) of legal norms by public authorities, bodies of local self-government, institutions and organizations in the letters, comments etc. shall not be constitute grounds for filing a constitutional appeal.

Constitutional appeals which do not meet the above requirements of the Law shall not be subject to consideration by the Constitutional Court of Ukraine. A written notification thereon shall be provided to the subject of the right to constitutional appeal.

 

14, Zhylianska str.

01033 Kyiv

 

INFORMATION

on personal reception of citizens

 

Citizens shall be received at the Constitutional Court of Ukraine every Monday and Wednesday from 15.00 to 18.00 and every Friday from 15.00 to 16.45 (room 101, Building "B" of administrative premises of the Constitutional Court of Ukraine). During these hours citizens may be also provided with explanations by telephone (tel. 238 - 13 - 65).

On the last Wednesday of each month citizens shall be received by the leadership of the Secretariat and the Directorate of Legal Expertise.

Visitors shall be admitted to the administrative premises of the Constitutional Court of Ukraine with a pass. To obtain a pass, visitors should contact access control office, located on the ground floor of Building "B" (entrance from 14, Zhylianska str.). A pass shall be issued on the basis of ID only. Visitor shall apply for a pass no later than 30 minutes before the end of reception (access control office closes 15 minutes before the end of the working day).

In case a visitor arrived with his/her representative, documents evidencing the authority to represent the interests of the visitor may be required. Under Article 5 of the Law of Ukraine "On Public Appeals", absence of such document may be a ground for denial in receiving the representative. If necessary, close relatives may attend the reception, apart from the representative of the individual. Attendance of unauthorized persons shall not be allowed.

Consultations shall be provided on:

a) powers of the Constitutional Court of Ukraine;

b) questions that the subjects of the right to constitutional appeal may file with the Constitutional Court of Ukraine;

c) requirements to constitutional appeals;

d) legal analysis of appeals drafted by visitors, explanation of shortcomings and errors, if revealed, recommendations for improvement.

Consultations shall not be provided in regard to legal issues which are not related to the activities of the Constitutional Court of Ukraine and constitutional proceedings.

Persons with disabilities shall be admitted to the Constitutional Court of Ukraine through entrance №1 of Building "B" with an attendant. Please refer to the duty officer.

Developed with the support of OSCE Project Co-ordinator in Ukraine
© 2017 Constitutional Court of Ukraine