The article offers the results of research into the problem of ensuring human rights in connection with the application of acts recognized by the Constitutional Court of Ukraine as unconstitutional. The analysis of statistical data on the results of the consideration by the Constitutional Court of Ukraine of constitutional submissions regarding the compliance with the Constitution of Ukraine (constitutionality) of normative legal acts and constitutional complaints of citizens regarding the verification of the conformity of the Constitution of Ukraine of the laws of Ukraine, which were applied in the final court decision, was carried out in the case of the subject of the right to a constitutional complaint. It was concluded that only under the condition of a comprehensive approach to the provision of human rights during the exercise of powers by the state and its officials in law-making and law-enforcement activities, one can hope to solve the problems of ensuring human rights and prevent the application of unconstitutional acts to a person. Based on the statistical data provided by the Secretariat of the Constitutional Court of Ukraine, the authors analyzed the state of regulatory and legal support for a person's exercise of the right to just satisfaction in connection with causing him material or moral damage by acts and actions recognized as unconstitutional. It was concluded that due to the lack of reliable safeguards against the adoption of acts that do not correspond to the Constitution of Ukraine by subjects of authority, currently in Ukraine the mechanism for ensuring human rights does not work properly in connection with the application of acts recognized as unconstitutional to it. Moreover, decisions on recognition of an act applied to a person as unconstitutional by the Constitutional Court of Ukraine take too long. The prescriptions of the third part of Article 152 of the Constitution of Ukraine, which obliges the state to compensate (accordingly with the procedure established by law) material or moral damage caused to people or legal entities by acts and recognized as unconstitutional, are completely declarative in nature, since within 28 years after the adoption of the Constitution of Ukraine, such a document has not been adopted or implemented. The authors conclude that the creation of accountability mechanisms of public authorities is impossible without establishing at the legislative level legal (not fancy political) responsibility for the adoption of unconstitutional acts.
| Published in | Humanities and Social Sciences (Volume 13, Issue 2) |
| DOI | 10.11648/j.hss.20251302.11 |
| Page(s) | 98-111 |
| Creative Commons |
This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited. |
| Copyright |
Copyright © The Author(s), 2025. Published by Science Publishing Group |
The Constitution of Ukraine, Decisions of the Constitutional Court of Ukraine, Unconstitutional Act, Constitutional Complaint, Just Satisfaction, Compensation for Damage, Legal Responsibility
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ECHR - Analysis of statistics 2018 URL:
https://www.echr.coe.int/Documents/Stats_analysis_2018_ENG.pdf p. 8, 59. |
| [6] | Letter of the Secretariat of the Constitutional Court of Ukraine of 17.11.2022 No. 4/1-11/2-18/4059. |
| [7] | Letter of the Secretariat of the Constitutional Court of Ukraine dated 04.10.2024 No. 4/1-028-18/4043. |
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Ruling of the Supreme Court as part of the panel of judges of the Administrative Court of Cassation of 28 April 2022 on case No. 240/10144/20. URL:
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Ruling of the Supreme Court as part of the panel of judges of the Administrative Court of Cassation of 14 September 2022 on case No. 140/4408/20 URL:
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APA Style
Tymoshenko, V., Telelym, V., Dromov, S., Dromov, O. (2025). Problematic Issues of Ensuring Human Rights in Ukraine Regarding the Application of Acts Declared Unconstitutional. Humanities and Social Sciences, 13(2), 98-111. https://doi.org/10.11648/j.hss.20251302.11
ACS Style
Tymoshenko, V.; Telelym, V.; Dromov, S.; Dromov, O. Problematic Issues of Ensuring Human Rights in Ukraine Regarding the Application of Acts Declared Unconstitutional. Humanit. Soc. Sci. 2025, 13(2), 98-111. doi: 10.11648/j.hss.20251302.11
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Download@article{10.11648/j.hss.20251302.11,
author = {Volodymyr Tymoshenko and Vasil Telelym and Serhiy Dromov and Oleksandr Dromov},
title = {Problematic Issues of Ensuring Human Rights in Ukraine Regarding the Application of Acts Declared Unconstitutional
},
journal = {Humanities and Social Sciences},
volume = {13},
number = {2},
pages = {98-111},
doi = {10.11648/j.hss.20251302.11},
url = {https://doi.org/10.11648/j.hss.20251302.11},
eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.hss.20251302.11},
abstract = {The article offers the results of research into the problem of ensuring human rights in connection with the application of acts recognized by the Constitutional Court of Ukraine as unconstitutional. The analysis of statistical data on the results of the consideration by the Constitutional Court of Ukraine of constitutional submissions regarding the compliance with the Constitution of Ukraine (constitutionality) of normative legal acts and constitutional complaints of citizens regarding the verification of the conformity of the Constitution of Ukraine of the laws of Ukraine, which were applied in the final court decision, was carried out in the case of the subject of the right to a constitutional complaint. It was concluded that only under the condition of a comprehensive approach to the provision of human rights during the exercise of powers by the state and its officials in law-making and law-enforcement activities, one can hope to solve the problems of ensuring human rights and prevent the application of unconstitutional acts to a person. Based on the statistical data provided by the Secretariat of the Constitutional Court of Ukraine, the authors analyzed the state of regulatory and legal support for a person's exercise of the right to just satisfaction in connection with causing him material or moral damage by acts and actions recognized as unconstitutional. It was concluded that due to the lack of reliable safeguards against the adoption of acts that do not correspond to the Constitution of Ukraine by subjects of authority, currently in Ukraine the mechanism for ensuring human rights does not work properly in connection with the application of acts recognized as unconstitutional to it. Moreover, decisions on recognition of an act applied to a person as unconstitutional by the Constitutional Court of Ukraine take too long. The prescriptions of the third part of Article 152 of the Constitution of Ukraine, which obliges the state to compensate (accordingly with the procedure established by law) material or moral damage caused to people or legal entities by acts and recognized as unconstitutional, are completely declarative in nature, since within 28 years after the adoption of the Constitution of Ukraine, such a document has not been adopted or implemented. The authors conclude that the creation of accountability mechanisms of public authorities is impossible without establishing at the legislative level legal (not fancy political) responsibility for the adoption of unconstitutional acts.
},
year = {2025}
}
TY - JOUR T1 - Problematic Issues of Ensuring Human Rights in Ukraine Regarding the Application of Acts Declared Unconstitutional AU - Volodymyr Tymoshenko AU - Vasil Telelym AU - Serhiy Dromov AU - Oleksandr Dromov Y1 - 2025/03/11 PY - 2025 N1 - https://doi.org/10.11648/j.hss.20251302.11 DO - 10.11648/j.hss.20251302.11 T2 - Humanities and Social Sciences JF - Humanities and Social Sciences JO - Humanities and Social Sciences SP - 98 EP - 111 PB - Science Publishing Group SN - 2330-8184 UR - https://doi.org/10.11648/j.hss.20251302.11 AB - The article offers the results of research into the problem of ensuring human rights in connection with the application of acts recognized by the Constitutional Court of Ukraine as unconstitutional. The analysis of statistical data on the results of the consideration by the Constitutional Court of Ukraine of constitutional submissions regarding the compliance with the Constitution of Ukraine (constitutionality) of normative legal acts and constitutional complaints of citizens regarding the verification of the conformity of the Constitution of Ukraine of the laws of Ukraine, which were applied in the final court decision, was carried out in the case of the subject of the right to a constitutional complaint. It was concluded that only under the condition of a comprehensive approach to the provision of human rights during the exercise of powers by the state and its officials in law-making and law-enforcement activities, one can hope to solve the problems of ensuring human rights and prevent the application of unconstitutional acts to a person. Based on the statistical data provided by the Secretariat of the Constitutional Court of Ukraine, the authors analyzed the state of regulatory and legal support for a person's exercise of the right to just satisfaction in connection with causing him material or moral damage by acts and actions recognized as unconstitutional. It was concluded that due to the lack of reliable safeguards against the adoption of acts that do not correspond to the Constitution of Ukraine by subjects of authority, currently in Ukraine the mechanism for ensuring human rights does not work properly in connection with the application of acts recognized as unconstitutional to it. Moreover, decisions on recognition of an act applied to a person as unconstitutional by the Constitutional Court of Ukraine take too long. The prescriptions of the third part of Article 152 of the Constitution of Ukraine, which obliges the state to compensate (accordingly with the procedure established by law) material or moral damage caused to people or legal entities by acts and recognized as unconstitutional, are completely declarative in nature, since within 28 years after the adoption of the Constitution of Ukraine, such a document has not been adopted or implemented. The authors conclude that the creation of accountability mechanisms of public authorities is impossible without establishing at the legislative level legal (not fancy political) responsibility for the adoption of unconstitutional acts. VL - 13 IS - 2 ER -
Department of Military Law and Law Enforcement Activities, Institute of Strategic Communications National Defence University of Ukraine, Kyiv, Ukraine
Department of National Security and Defence Strategy, Institute of State Military Administration, National Defence University of Ukraine, Kyiv, Ukraine
Central Legal Department, General Staff of the Armed Forces of Ukraine, Kyiv, Ukraine
Department of Postgraduate and Doctoral Studies, National Academy of the Security Service of Ukraine, Kyiv, Ukraine
