ENGARDE’s associates, Iryna Shevchuk and Irina Drofenko participated in the seminar “Constitutional complaint in the work of an associate: preparation algorithms, submission problems and application mechanisms”, which was held on February 1, 2019 in the Constitutional Court of Ukraine.
During the seminar, the main attention was focused on the requirements for adequate paperwork and submission of the constitutional complaint. Also, the reasons for return of the submitted constitutional complaints back to the applicants and possibility of reapplying with it were considered.
The expediency of attending this seminar is justified by the incomplete understanding of the legal community of the very nature of the institute of the constitutional complaint, and practical issues associated with the use of this legal instrument. Since according to statistics, more than 90% of constitutional complaints are irrelevant and returned to the complainants by the Secretariat of the CCU.
The constitutional complaint is a new instrument of protection, the key characteristics of which is that such a complaint can be submitted by any person, but it can only dispute the constitutionality of the law or its separate provisions applied in the final decision.
At the same time, this complex law institute will not work without an active associates’ position.
Since the constitutional complaint is another additional mechanism for the protection of human rights, lawyers are obligated to master all the nuances of the successful application of the institute of the constitutional complaint and actively use it in practice.