Information for citizens

Версія для друку

Procedure and terms of appeal to the Constitutional Court of Ukraine

by citizens and legal entities

According to Article 1511 of the Constitution of Ukraine citizens and legal entities shall have the right for appeal to the Constitutional Court of Ukraine regarding the compliance with the Constitution of Ukraine (constitutionality) of the provisions of laws of Ukraine provided a subject of appeal alleges that the law of Ukraine applied to render a final court decision in his or her case contravenes the Constitution of Ukraine. A constitutional complaint may be lodged after exhaustion of all other domestic legal remedies.

INFORMATION NOTE

Procedure and terms of appeal to the Constitutional Court of Ukraine

by citizens and legal entities

Citizens of Ukraine, foreigners, stateless persons and legal entities, applying to the Constitutional Court of Ukraine (hereinafter referred to as “the Court” or “the Constitutional Court”), have to know the limits of authority of the Constitutional Court of Ukraine, the questions they may address to the Court and the requirements prescribed for constitutional complaints by the Law of Ukraine "On the Constitutional Court of Ukraine" dated 13 July 2017 № 2136–VIII (hereinafter referred to as “the Law”).

I. The Constitutional Court of Ukraine is the body of constitutional jurisdiction. It does not belong to the judicial system of Ukraine, the Supreme Court being the highest court in it.

The powers of the Constitutional Court defined by Articles 147, 150, 151, 1511 of the Constitution of Ukraine, Article 7 of the Law, include: resolving the issues of conformity with the Constitution of Ukraine (constitutionality) of the laws of Ukraine or other legal acts of the Verkhovna Rada of Ukraine, acts of the President of Ukraine, acts of the Cabinet of Ministers of Ukraine, legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea; official interpretation of the Constitution of Ukraine; providing opinions on conformity to the Constitution of Ukraine of applicable international treaties of Ukraine or those international treaties that are submitted to the Verkhovna Rada of Ukraine for its consent to their binding nature; providing opinions on conformity to the Constitution of Ukraine (constitutionality) of the questions to be put to an all-Ukrainian referendum on a popular initiative; providing opinion on the observance, within the limits of the constitutional procedure for investigating and considering a case on removal of the President of Ukraine from office through impeachment; deciding on conformity to the Constitution of Ukraine (constitutionality) of laws of Ukraine, upon a constitutional complaint of an individual who considers that the law of Ukraine applied in the final court decision in his or her case contradicts the Constitution of Ukraine. A constitutional complaint may be lodged after exhaustion of all other domestic legal remedies.

According to paragraph 3 of Article 8 of the Law, the Court shall not consider conformity to the laws of Ukraine of acts of the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine, the Verkhovna Rada of the Autonomous Republic of Crimea, acts of other government authorities, authorities of the Autonomous Republic of Crimea and bodies of local self-government, unless as provided by sub-paragraph 28 paragraph 1 of Article 85 and paragraph 2 of Article 137 of the Constitution of Ukraine.

The powers of the Constitutional Court do not also include the issues pertaining to the jurisdiction of the courts of the judicial system of Ukraine. The Constitutional Court is not a controlling authority over these courts, and cannot interfere in their activities, give instructions, check the correct application of norms of law by the courts, consider constitutionality of the decisions they adopt. The Constitutional Court is not authorised to consider complaints regarding actions and decisions of state authorities and local self-government, their officials or evaluate these actions and decisions.

The Constitutional Court does not resolve issues of establishment and restoration of social privileges, calculation and recalculation of pensions, other issues that fall within the competence of legislative and executive bodies, courts and local self-government bodies. The Court does not provide explanations and advice on legal issues that arise when applying applicable law.

II. The form of application to the Constitutional Court of Ukraine for citizens of Ukraine, foreigners, stateless persons and legal entities is a constitutional complaint.

According to the Article 55 of the Law, constitutional complaint shall be a written application submitted to the Court regarding review for conformity to the Constitution of Ukraine (constitutionality) of a law of Ukraine (specific provisions thereof) which was applied in the final court decision in the case of the subject of the right to constitutional complaint.

Constitutional complaint shall indicate:

1) surname, name, patronymic (if any) of a citizen of Ukraine, foreigner or a stateless person, his or her residential address (place of stay of a foreigner or a stateless person), or full name and registered address of a legal entity, as well as the number of means of communications, e-mail address, where available;

2) information about an authorised person acting on behalf of the subject of the right to constitutional complaint;

3) summary of the final court decision in which relevant provisions of the law of Ukraine were applied;

4) report of proceedings of the relevant case in courts;

5) specific provisions of the law of Ukraine to be reviewed for conformity to the Constitution of Ukraine, and particular provisions of the Constitution of Ukraine against which such law of Ukraine is to be reviewed for conformity;

6) substantiation of alleged unconstitutionality of a law of Ukraine (specific provisions thereof), specifying those human rights safeguarded by the Constitution of Ukraine, which in the opinion of the subject of the right to constitutional complaint, have been violated by the application of such law;

7) information regarding documents and materials referred to by the subject of the right to constitutional complaint, with copies of such documents and materials attached;

8) list of the attached materials and documents.

A copy of the final court decision in the case of a subject of the right to constitutional complaint shall be duly certified by the adjudicating court.

Please note that according to Article 77, constitutional complaint shall be deemed as admissible in case not more than three months have passed from the effective date of a final judicial decision in which the law of Ukraine (specific provisions thereof) were applied.

According to Article 56 of the Law, subject of the right to constitutional complaint shall be a person who considers that the law of Ukraine applied in the final court decision in his or her case (specific provisions thereof) contradicts the Constitution of Ukraine.

Pursuant to Article 74 of the Law, constitutional complaints shall be submitted to the Court in the official state language.

Constitutional complaints shall be forwarded to the Court by post or submitted to the Secretariat of the Court directly without collecting state duty.

Due to the fact that a large number of petitions are filed with the Constitutional Court of Ukraine (as well as with the constitutional courts of other countries) in violation of the requirements of the Law, the Law and the Rules of Procedure of the Constitutional Court provide for their preliminary processing by a relevant unit of the Secretariat. In particular, Article 57 of the Law establishes that the Secretariat shall conduct preliminary review of applications to the Court. Where the form of a constitutional complaint is non-compliant with this Law, the Head of the Secretariat shall return it to the subject of the right to constitutional complaint. Any return of a constitutional complaint shall not preclude repeat application to the Court in compliance with this Law.

III. Please note that the Court does not provide official interpretation of laws of Ukraine. Official interpretation of the Constitution of Ukraine is provided by the Constitutional Court only upon the constitutional petition of the President of Ukraine, at least forty-five People’s Deputies of Ukraine, the Cabinet of Ministers of Ukraine, the Commissioner of the Verkhovna Rada of Ukraine for Human Rights, or the Verkhovna Rada of the Autonomous Republic of Crimea.

IV. Letters, complaints, petitions, appeals, including claims, other applications on matters that do not pertain to the powers of the Constitutional Court, are processed by the Secretariat under the procedure provided by the Law of Ukraine "On appeals of citizens".

V. The necessary consultations regarding application to the Constitutional Court can be provided during the personal reception of citizens, which is carried out from Monday to Thursday from 10.00 to 17.00 (Friday 10.00 - 15.45). During these hours, citizens may be also provided with explanations by telephone (tel.: 238-13-65, 238-13-74). More information on the procedure for personal reception can be found on the official website of the Constitutional Court (www.ccu.gov.ua) in the section "Public information", sub-section "Information for citizens".

 

Information Note for Citizens and Legal Entities on the Procedure of Lodging Constitutional Complaints with the Constitutional Court of Ukraine

 

INFORMATION NOTE

for citizens and legal entities on the procedure of lodging constitutional complaints with the constitutional court of Ukraine

 

Citizens of Ukraine, foreigners, stateless persons and legal entities, applying to the Constitutional Court of Ukraine (hereinafter referred to as “the Court” or “the Constitutional Court”), have to know the limits of authority of the Constitutional Court of Ukraine, the questions they may address to the Court and the requirements prescribed for constitutional complaints by the Law of Ukraine "On the Constitutional Court of Ukraine" dated 13 July 2017 № 2136–VIII (hereinafter referred to as “the Law”).

I. The form of application to the Constitutional Court of Ukraine for citizens of Ukraine, foreigners, stateless persons and legal entities is a constitutional complaint.

Letters, complaints, petitions, appeals, including claims, other applications on matters that do not pertain to the powers of the Constitutional Court, are processed by the Secretariat under the procedure provided by the Law of Ukraine "On appeals of citizens".

II. Constitutional complaints shall be forwarded to the Court by post or submitted to the Secretariat of the Court directly without collecting state duty.

According to Article 55 of the Law constitutional complaint shall be a written application submitted to the Court regarding review for conformity to the Constitution of Ukraine (constitutionality) of a law of Ukraine (specific provisions thereof) which was applied in the final court decision in the case of the subject of the right to constitutional complaint.

Constitutional complaint shall indicate:

1) surname, name, patronymic (if any) of a citizen of Ukraine, foreigner or a stateless person, his or her residential address (place of stay of a foreigner or a stateless person), or full name and registered address of a legal entity, as well as the number of means of communications, e-mail address, where available;

2) information about an authorised person acting on behalf of the subject of the right to constitutional complaint;

3) summary of the final court decision in which relevant provisions of the law of Ukraine were applied;

4) report of proceedings of the relevant case in courts;

5) specific provisions of the law of Ukraine to be reviewed for conformity to the Constitution of Ukraine, and particular provisions of the Constitution of Ukraine against which such law of Ukraine is to be reviewed for conformity;

6) substantiation of alleged unconstitutionality of a law of Ukraine (specific provisions thereof), specifying those human rights safeguarded by the Constitution of Ukraine, which in the opinion of the subject of the right to constitutional complaint, have been violated by the application of such law;

7) information regarding documents and materials referred to by the subject of the right to constitutional complaint, with copies of such documents and materials attached;

8) list of the attached materials and documents.

A copy of the final court decision in the case of a subject of the right to constitutional complaint shall be duly certified by the adjudicating court.

IV. According to Article 56 of the Law, subject of the right to constitutional complaint shall be a person who considers that the law of Ukraine applied in the final court decision in his or her case (specific provisions thereof) contradicts the Constitution of Ukraine.

Public legal entities shall not be the subject of the right to constitutional complaint.

Constitutional complaint shall be signed by an individual in person.

Where a subject of the right to constitutional complaint is a legally capable person unable to personally sign the constitutional complaint due to his or her health state or physical incapacity, it shall be signed by a person authorised in a manner prescribed by the law acting on his or her behalf.

Constitutional complaint by a legal person shall be signed by a duly authorised person whose powers shall be evidenced by constituent documents of such legal entity and by an act appointing (electing) a duly authorised person to such position.

Under Article 74 of the Law, constitutional complaints shall be submitted to the Court in the official state language.

VI. Pursuant to Article 77, constitutional complaint shall be deemed as admissible subject to its compliance with Articles 55 and 56 of this Law and where:

1) all domestic legal remedies have been exhausted (subject to the availability of a legally valid judicial decisions delivered on appeal, or, where the law provides for cassation appeal, – of a judicial decision delivered on cassation);

2) not more than three months have passed from the effective date of a final judicial decision in which the law of Ukraine (specific provisions thereof) is applied.

As an exception, a constitutional complaint may be deemed admissible beyond the requirements established in sub-paragraph 2 paragraph 1 of this Article, where the Court declares its consideration as being necessary on the grounds of public interest.

Where a subject of the right to constitutional complaint has missed the date for submitting a constitutional complaint due to the unavailability of a full text of the judicial decision, he or she shall have the right to petition in his or her constitutional complaint for the renewal of the missed term.

The Court shall reject constitutional proceedings by declaring a constitutional complaint inadmissible, where the content or demands of such constitutional complaint are manifestly ill-founded or where the right to submit a complaint has been abused.

VII. Due to the fact that a large number of petitions are filed with the Constitutional Court of Ukraine (as well as with the constitutional courts of other countries) in violation of the requirements of the Law, the Law and the Rules of Procedure of the Constitutional Court provide for their preliminary processing by a relevant unit of the Secretariat. In particular, according to Article 57 of the Law, the Secretariat shall conduct preliminary review of applications to the Court.

Where the form of a constitutional complaint is non-compliant with this Law, the Head of the Secretariat shall return it to the subject of the right to constitutional complaint.

Any return of a constitutional complaint shall not preclude repeat application to the Court in compliance with this Law.

VIII. Please note that constitutional complaint shall be submitted to the Court only for conformity to the Constitution of Ukraine (constitutionality) of a law of Ukraine (specific provisions thereof). Acts or omission of state authorities, decisions of courts belonging to the judicial system of Ukraine cannot be the object of a constitutional complaint.

The necessary consultations on preparation of constitutional complaints to the Constitutional Court can be provided during personal reception of citizens, which is carried out from Monday to Thursday from 10.00 to 17.00 (Friday 10.00 - 15.45). During these hours, citizens may be also provided with explanations by telephone (tel. 238-13-65, 238-13-74). More information on the procedure for personal reception can be found on the official website of the Constitutional Court (www.ccu.gov.ua) in the section "Public information", sub-section "Information for citizens".

Developed with the support of OSCE Project Co-ordinator in Ukraine
© 2018 Constitutional Court of Ukraine