THE APPLICATION THE CONSTITUTION OF UKRAINE PROVISIONS BY THE COURTS AS NORMS OF THE DIRECT ACTION AND THE RIGHT TO REVIEW A JUDICIAL ACT AS A CONSEQUENCE OF REVIEWING THE CONSTITUTIONALITY OF LAW, OTHER LEGAL ACT OR THEIR PROVISIONS AS A MEAN OF FUNDAMENTAL RIGHTS AND FREEDOMS PROTECTION (original) (raw)

The article deals with the practical issues of application by the courts of Ukraine the Constitution of Ukraine provisions as norms of the direct action. The retrospective (retroactive) action of the decisions of the Constitutional Court of Ukraine as the factor determining the current state of law enforcement in Ukraine is also researched. These issues are highlighted from the standpoint of the importance of ensuring legal certainty, predictability of law enforcement practices within the national legal system, as well as the effective protection of human and citizen´s rights and freedoms. Current tendencies in the practice of the Supreme Court of the application of such exceptional grounds for court decisions review as the reviewing by the Constitutional Court of Ukraine the constitutionality of law, other legal act or their separate provision applied (not applied) by the court, if the court decision has not yet been executed, are emphasized. The proposals and recommendations aimed at improving the legal regulation of interaction between the courts of Ukraine and the Constitutional Court of Ukraine regarding the application of the Constitution of Ukraine provisions and the creation of a uniform practice of law enforcement are substantiated. Keywords: courts of Ukraine, the Supreme Court, the Constitutional Court of Ukraine, direct effect of the Constitution, the effect of decisions of the Constitutional Court of Ukraine, retrospective (retroactive) effect of decisions of the Constitutional Court of Ukraine, review of a judicial act, the right to review a judicial act.

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