Constitutional complaint and review of court decisions: practice of coexistence in ukrainian law enforceability

The current comprehensive model of the institution of constitutional complaint in Ukraine does not correspond to scientific doctrines regarding the essence and nature of such an institution and requires reform. The article proposes ensuring a balance between the public and individual nature of decisions of the Constitutional Court of Ukraine. Recognizing the authority of the judiciary and the positions of the Supreme Court, the author proposes formulating and legislatively determining compromise filters for reviewing court decisions under exceptional circumstances. Specifically, it should be determined that court decisions can be reviewed in cases where a constitutional complaint has been filed after a final court decision, subject to review under exceptional circumstances, and the decision of the Constitutional Court of Ukraine following the consideration of such a complaint should have an individual character, establishing violations of the rights and interests of the specific applicant. However, the proposed approach described by the author does not negate the fact that the exceptional and unique nature of the decisions of the Constitutional Court of Ukraine requires from national courts of common jurisdiction to take a more individualized approach to studying each decision of the Constitutional Court of Ukraine in each case and to provide more detailed justification for refusing to review court decisions under exceptional circumstances. Accordingly, the author considers it unacceptable to apply previously formed positions of the Supreme Court in previous cases to new requests for reviewing court decisions, considering the unique and specific conclusions of the Constitutional Court in each individual decision. In the article the author agrees with scientific positions that the exceptional character of decisions of the Constitutional Court of Ukraine prevails over the principle of legal certainty. A separate issue described in the article is the need to ensure a defined and clear procedure for reviewing court decisions under exceptional circumstances in cases involving the imposition of administrative responsibility on individuals for committing administrative offenses. In such cases the author proposes to introduce a review procedure similar to that provided for in the Criminal Procedural Code of Ukraine. Thus, to ensure legal certainty, such a procedure must be clearly established in the provisions of the Code of Ukraine on Administrative Offenses.