The article is devoted to the current theoretical and practical constitutional justice issue of the Constitutional Court of Ukraine Judge’s dissenting opinion institute in the context of fair constitutional justice ensuring. It is emphasized that although universal ideas of constitutionalism have been certainly recognized in Ukraine at a theoretical level after independence proclamation, these concepts have not found their proper practical implementation. Having been established to maintain the Constitution’s
of Ukraine supremacy throughout the state, to ensure the Basic Law legal protection and provide within its competence human and civil rights protection and the balance in the separation of powers system, the Constitutional Court not only failed to outperform public expectations, but became a disappointment for many lawyers and concerned citizens. It is asserted that current situation should encourage all active lawyers and scholars to develop new approaches to the analysis of the causes
and consequences of failures in the universally recognized constitutional and legal principles practical implementation in Ukraine, including in the constitutional justice field. One of the issues that require a profound research, is the legal status of the dissenting opinion of the Constitutional Court Judge. This publication proves a particular impact of dissenting opinion on the sole body of constitutional control in Ukraine decisions legitimacy. It should be taken into account that the legitimacy
is never formed spontaneously and should never be neglected, as its plenitude depends on the ability of the subject of power to create and maintain the people’s belief in the justice decisions. Even fair and legally accurate decision may be perceived negatively by society. Deficiency of an important unwritten component of the Court’s decision, which is its legitimacy, arises during the lifetime of constitutional justice in Ukraine, and this issue becomes the main cause of the constitutional crises
spread. This article defines and systematizes modern reasons of unsatisfactory state of the Constitution of Ukraine protection and provides analysis of the ways and means of this situation overcoming with a more active use of such constitutional justice effective tool, as the Constitutional Court of Ukraine Judge’s dissenting opinion.
Keywords: dissenting opinion of the Constitutional Court of Ukraine Judge, Constitutional Court of Ukraine, constitutional justice, the Constitutional Court of Ukraine legitimacy