ISSUES OF ENFORCEMENT OF DECISIONS OF THE CONSTITUTIONAL COURT OF UKRAINE: PROBLEMS OF THEORY AND PRACTICE

Abstract

The article examines the legal positions of scholars in the field of constitutional law regarding their vision of the issues of implementing decisions of the Constitutional Court of Ukraine. It is noted that the decision of the Constitutional of the Court of Ukraine are among the most important acts from the point of view of compliance with the Constitution of Ukraine. The study analyzed the decision of the Constitutional Court, in which the body of constitutional jurisdiction clarifies the obligation to implement its decision. The state of execution of the decisions of the Constitutional Court of Ukraine requires better, as rare cases are being followed up disregard prescriptions of relevant decisions that in the future may lead to the spread of legal nihilism and depreciation of the Basic Law. The provisions of individual decisions of the Constitutional Court of Ukraine regarding the inadmissibility of reproduction by any state power or local self-government bodies of the provisions of normative legal acts, which are recognized as unconstitutional, are analyzed. Attention is drawn to the fact that the procedure for the execution of the decisions of the Constitutional Court of Ukraine is not ensured at the level of the legal framework, there is no system of procedures that would specify the procedure for the execution of the decisions of the body of constitutional jurisdiction. Problems of solving issues of implementation of decisions of the Constitutional Court of Ukraine related to the special legal nature of such decisions, the absence of an indication of the entity that must perform judgment. It is emphasized that the improvement of the situation may require systemic changes in the legislation and the establishment of a clear procedure for the implementation of the decisions of the Constitutional Court of Ukraine, as well as the clarification and imposition of specific responsibility on those who violate the implementation of such decisions. The article defines possible ways improvement of the procedure for the execution of decisions of the Constitutional Court of Ukraine. It is proposed to put control over execution decisions of the Constitutional Court of Ukraine and to determine at the legislative level the terms of execution of such decisions.