It is noted that constitutional jurisdiction plays a crucial role in the national legal system aimed at ensuring the implementation of the rule of law. One of its main functions is to influence the interpretation and application of procedural legislation, particularly the provisions of the Civil Procedure Code of Ukraine. At the same time, Ukrainian legal doctrine still lacks a clear conceptual understanding of the legal status of the decisions of the Constitutional Court of Ukraine as a source of civil procedural law, which complicates their consistent and stable application in practice. This article explores the impact of the decisions of the Constitutional Court of Ukraine on the application of the Civil Procedure Code. It is established that although the CPC does not formally oblige courts to follow the legal positions of the Constitutional Court, such decisions have binding force in legal practice, considering the provisions of the Constitution of Ukraine and the principle of the rule of law. The study emphasizes that the Court’s decisions, especially in cases involving the official interpretation of procedural norms, significantly influence access to justice, appellate and cassation guarantees, and the determination of jurisdiction. The analysis presents a series of examples from the Constitutional Court’s jurisprudence, including cases on appeals against court rulings, restitution of enforcement, protection of rights in social disputes, and interpretation of the procedural status of ancillary premises in multi-unit residential buildings. It is concluded that the Court’s legal positions serve as a tool to enhance the effectiveness of civil justice and human rights protection. It is argued that disregarding the Constitutional Court’s decisions leads to legal uncertainty, inconsistent judicial practice, and a narrowing of judicial protection. Special attention is given to discrepancies in the interpretation of the CPC norms in judicial practice, which calls for a systemic integration of constitutional legal approaches into the operation of courts of general jurisdiction. The author substantiates the need for legislative regulation of the mechanism for implementing the decisions of the Constitutional Court of Ukraine in civil proceedings as a key means of ensuring legal certainty and access to justice.
Yuriy Danko (Mon,) studied this question.