The Influence of Constitutional Complaint on the Finality of Judgment and Exhaustion of Domestic Remedies in Civil Procedure

The article addresses the institute of constitutional complaint which is incorporated in Constitution by the Law of Ukraine «On the Amendments to the Constitution of Ukraine (concerning justice)». The above mentioned institute is analyzed from the perspective of its impact in the finality of court decision. Special attention is paid to the interrelation between the exhaustion of domestic remedies, on the one hand, and constitutional compliant, on the other, in terms of Art. 35 of European Convention on Human Rights. The author also makes the conclusion as tothe meaning of the finality of judgment, which was first enshrined in national legislation by Art. 1511 of the Constitution of Ukraine in the wording of the aforementioned Law. It is concluded
that filing a constitutional complaint cannot be regarded as an obstacle to recourse to the European Court of Human Rights. The author points out that bringing a constitutionalcompliant before the Constitutional Court of Ukraine does not amount to an appropriate domestic remedy because such measure is not established in special sectoral legislation, namely in Civil Procedural Code of Ukraine. Thus it is emphasized that exhaustion of domestic remedies should be treated with regard to the system of instance review of judicial decisions, which is provided in national law, i.e. in Civil Procedural Code of Ukraine.