Introduction of the institute of constitutional complaint is a very topical issue for our state. Consideration of constitutional complaints is one of the most popular procedures which bodies of constitutional jurisdiction of many foreign state utilize to protect human and citizen’s rights and freedoms. The essence of the institute of constitutional complaint is a right of citizen to apply to bodies of the constitutional control with a claim to examine the constitutionality of power acts which in their opinion violate their rights and freedoms. Unfortunately, this institute has not found its reflection in Ukraine which can be explained by that the legislator does not want overload the Constitutional Court of Ukraine with such cases. At the same time it restricts possibility of citizens to protect their rights by national legal remedies, in particular in the Constitutional Court of Ukraine. State bodies have certain authority for rights and freedoms protection by means of application to the Constitutional Court of Ukraine with constitutional petitions. In practice competent subjects of power apply very seldom to the Constitutional Court of Ukraine with constitutional petitions to protect citizen’s rights and freedoms. The situation concerning applications of citizens which in fact have a character of constitutional complaints is not adjusted. The Constitutional Court of Ukraine refuses to open judicial proceedings even if these applications are legally grounded. There is also a reverse side of this problem. In case of introduction of the institute of constitutional complaint in Ukraine the Constitutional Court of Ukraine can become a court of cassational instance. We shall notice that natural and legal persons have a right to apply to the Constitutional Court of Ukraine only within the framework of official interpretation of the Constitution and laws. However, due to the notion of «discretional jurisdiction» in case of application of natural and legal persons to the Constitutional Court of Ukraine there is a possibility to recognize provisions of law as unconstitutional during consideration of specific constitutional application. It is becoming more and more topical the issue of load of the Constitutional Court of Ukraine in case of introduction of the institute of constitutional complaint which will influence quality of decisions of the Constitutional Court of Ukraine. It is necessary to unify efforts and to solve this problem to a certain balance. The Constitutional Court of Ukraine is one of the top points of the judicial system in Ukraine. It is not a cassational instance in civil, criminal or administrative cases, but a protector of fundamental rights, freedoms and interests of person and citizen. The issue of introduction of the institute of constitutional complaint in Ukraine is complicated and demands a thorough research of theoretical principles and historical experience and needs regulation of some aspects concerning to authorities of court and procedure due to observance.
Keywords: constitutional appeal, institute of constitutional complaint, Constitutional Court of Ukraine