Protection of human rights through the prism of the practice of the Constitutional Court of Ukraine

Abstract

The article analyzes the practice of the Constitutional Court of Ukraine in the protection of human rights, outlines the main trends of its legal positions and assesses their impact on the national legal system.

The study shows that the constitutional complaint mechanism is of particular importance, which gave citizens the opportunity to directly address the Constitutional Court of Ukraine in the event of a violation of their rights. At the same time, scientists note that this mechanism has both advantages and disadvantages: on the one hand, it expands the possibilities of judicial protection, on the other hand, its effectiveness is limited by a complex procedure and a narrow list of grounds for filing complaints.

The article also considers the issue of the correlation of national constitutional standards with international human rights norms. An analysis of judicial practice shows that the Constitutional Court of Ukraine takes into account the decisions of the European Court of Human Rights, which contribute to the harmonization of Ukrainian legislation with international standards. In particular, in the case of Gochev v. Bulgaria, the ECHR established that the restriction of rights must comply with the principles of legality, legitimacy of purpose and proportionality, and these criteria are actively used by the Constitutional Court of Ukraine in its own practice. Special attention is paid to the issues of human rights restrictions under martial law.

The authors concluded that the Constitutional Court of Ukraine is a key body in the system of human rights protection. Its decisions determine legal standards and shape national human rights practice. The institution of constitutional complaint has become an important mechanism for protecting citizens' rights, but it needs further improvement. Today, martial law requires a special balance between human rights and national security. The Constitutional Court of Ukraine emphasizes the need to observe the principle of proportionality when introducing restrictions.