Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Preliminary Requests of the Courts on the Constitutionality of the Rule of Law as an Element of Relationship between Civil and Constitutional Processes

Author(s): Iryna Berestova, Oksana Khotynska-Nor, Yurii Prytyka, Alina Biryukova, Ivan Lytvyn

Purpose: The instability of legal regulation in transition countries (or as they are also called “transit States”), leads, sooner or later, to claims and litigation in the provision and protection of fundamental (fundamental) human rights, sometimes as part of several lawsuits simultaneously. And as a rule, lawsuits concerning the same parties have clear, systemically important relationship between themselves. We set a goal and intend to reveal under this Article the procedural and substantive aspects of the implementation of indirect access to constitutional justice through the institution of preliminary inquiries of ordinary courts regarding the constitutionality of law. Methodology. The interdisciplinary methods, such as method of analysis, systematic and other methods developed the basis for the establishment of systemically important relationship between civil and constitutional litigation. Dispositive method and the method of complex analysis were used to emphasize the equality of court proceedings and the transition of one court procedure into another one based on the implementation of these preliminary requests of the courts. The integrative method was used to verify the data integrity obtained in this process. The Main Results of the Study. The authors state that the preliminary request of the courts is a special element of the systemically important relationship (dynamic and static) between civil and constitutional proceedings. They are a fact of the limits of the due process as the basic constitutional basis of judicial protection. We form the conclusion that the preliminary request of the courts forms the systemically important relationship between civil and constitutional justice. The authors also highlight the static systemically important relationship regarding the impact of the finalized constitutional process on the finalized civil proceedings (resumption of the civil process in connection with newly discovered or exceptional circumstances).