The article analyses the practice of application of the Constitutional Court of Ukraine’s decisions by the Supreme Court in the context of review of court decisions in exceptional circumstances

The author identifies and investigates the problems of implementation of the Constitutional Court of Ukraine’s decisions, including compliance with the requirements of the procedural law for the execution of relevant applications.

The article presents the Supreme Court’s case-law, illustrating the difficulties in the interaction between the courts of general jurisdiction and the CCU, in particular, the issues of retrospective and prospective effect of the Constitutional Court’s decisions.

Particular attention is paid to conflicts of law in court practice.

It is concluded that the introduction of the constitutional complaint as a mechanism for protecting the constitutional rights of citizens and legal entities has been an important step in strengthening the supremacy of the Constitution of Ukraine. However, legislative restrictions, particularly the condition that a court decision may only be reviewed if it remains unenforced, significantly reduce the effectiveness of this instrument and complicate the actual restoration of violated rights. This creates a risk of a formal approach to the protection of constitutional guarantees, undermining the primary purpose of the constitutional complaint.

The author emphasises the need to improve the mechanism of enforcement of CCU decisions and procedural instruments for reviewing court decisions. The author suggests solutions for strengthening constitutional control to ensure the supremacy of the Constitution of Ukraine and effective protection of constitutional rights of citizens.

Bibliography

Websites

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 2. Yezerov A, ‘Konstytutsiina skarha i vykliuchni obstavyny dlia perehliadu sprav’ (25 zhovtnia 2019) (accessed 01.03.2025) (in Ukrainian).