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Viche 2012 №14

№14, 2012

Constitutional complaint as the institute of democracy

Discussion regarding the necessity of the introduction of the constitutional complaint, as a direction for the development of the constitutional legal proceeding, has been taking place since the organ of constitutional jurisdiction was created in Ukraine.

Most of the researches, which aim is to ground the necessity of the mentioned institute, concern the comprehension of a constitutional complaint as an effective guarantee of human rights [1; 6; 9; 12; 16; 18, p. 118—131; 25]. It is, indisputably, justified if to take into account that the constitutional complaint is one of effective mechanisms of protection of citizens from the state tyranny and defense of their rights and freedoms.

However, we should take into account that human rights (as natural integral legal possibilities required for its normal existence and development) become social reality for the individuals, their groups, and the societies on the whole only under the conditions of the democratic legal national identity.

Mykhaylo HULTAY