V. Skomorokha
President of the
Constitutional Court of Ukraine

The Consttutional Court of Ukraine: the experience and the problems

Summary

In the report it is marked that the constitutional justice, as the highest form of the constitutional control, is a new phenomenon in the history of Ukraine, one of the real democratic acquirements during the independent years. The five-year experience of functioning showed that the creation of Constitutional Court has been one of the essential factors of becoming Ukraine as a rule of law country. In the reporter's opinion the Constitutional Court plays a positive role in process of perfection of the political system, in affirming the democracy in Ukraine.

The speaker mentions that one of the problems of the constitutional justice in Ukraine is the absence of law on the constitutional legal procedure. The acting law "On the Constitutional Court of Ukraine", in the author's opinion, does not include all the positions of the legal procedure.

The author considers that it should legislatively fastened the possibility of examination of cases in written form, fixed the constitutional-legal responsibility for non-observance of decisions of the Constitutional Court.

It is also mentioned that its activities the Constitutional Court of Ukraine counts the experience of decision of corresponding questions by the organs of the constitutional jurisdiction of other countries.