The Constitutional Complaint in Ukraine: Problems of Implementation Mechanism

The article investigates the problem of the right to constitutional complaint in the absence of legislative regulation of the procedure of its submission. Particular attention is paid to the nature of the constitutional complaint as a means of protecting human rights from government interference in the form of «the law of Ukraine». The conclusions as to what rights and their constitutional guarantees can not depend on the position of the government and the sphere of human rights can not be outside legal certainty. According to the authors of major rule-making shows that the wording of the constitutional rights may provide an indication of the law that defines the goals and procedures limit realization of human rights, but not the conditions of their implementation. In addition, the lack of legislative regulation of the procedures for the exercise of human rights provide a basis for judicial lawmaking, the courts own decisions enforces the constitution and  human rights implementation, eliminating thus unconstitutional situation.