Authority of the constitutional court of Ukraine: ways of improvement

Abstract

Annotation. The article examines the problems of regulatory regulation of the powers of the Constitutional Court of Ukraine at the level of the Constitution of Ukraine and the Law of Ukraine "On the Constitutional Court of Ukraine", the question of the adequacy of the scope of the powers of the Constitutional Court of Ukraine and the possibility of their improvement through a significant expansion in order to qualitatively ensure the performance of the function of protecting the Constitution of Ukraine. The foreign experience regarding the peculiarities of the powers of the constitutional counter bodies, in particular those of the states where the American, French, or Austrian models are used, is analyzed. Since the Constitutional Court of Ukraine must be an effective protection of the norms of the Constitution of Ukraine, it is proposed to: expand the scope of powers of the Constitutional Court of Ukraine, in particular, to grant the Constitutional Court of Ukraine the authority, if necessary, to independently initiate questions about the conformity of the Constitution of Ukraine (constitutionality) of laws and 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, and not only at the request of the relevant authorized subjects; to return the authority regarding the official interpretation of the laws of Ukraine; to provide a clear mechanism for the implementation of decisions and conclusions of the Constitutional Court of Ukraine and responsibility for their non-implementation; at the level of the Constitution of Ukraine, determine an exhaustive list of acts accepted by the Constitutional Court of Ukraine.