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


Subordinate Relationship between Civil and Constitutional Legal Proceedings in the Countries with an Autonomous Body of Constitutional Control

Author(s): Berestova Iryna, Khotynska-Nor Oksana, Kopytova Olena, Bratel Oleksandr, Dronov Serhii

Description: Globalization, migration, permanent reforms are integral attributes of the countries in transition, which are also negative prerequisites for human rights violations. An additional problem is an instability and unpredictability of legislation in such a period, constant variability of the expectations of the population, the diametrical goals of society and the government. Therefore, by applying to a court, the plaintiff cannot always get an objective protection of his fundamental right within only one type of legal proceedings. The desire to protect violated subjective rights in full forms the need for initiatives not only in civil proceedings, but also in constitutional ones. The transition from one trial to another one can be consistent (the second one after the completion of the first one), or concurrent in case of an initiative of constitutional review by the courts. The purpose of the article is to disclose the relationship between civil and constitutional legal proceedings as open systems with the presentation of their mutual influence on the order, mechanism and methods of protecting subjective civil rights. The methodology of the doctrine of judicial law has served as the basis for the formation of objective relations between civil and constitutional litigation. The integrative method has been used to prove consistency in the analysis of constitutional-legal phenomena, and to verify the data integrity obtained in this process. The imperative method has been used to emphasize the subordinate relationship between the studied judicial processes. The results of the study. It has been substantiated that the present interconnections between civil and constitutional legal proceedings are essential in the judicial mechanism for protecting human rights and freedoms and form the boundaries of proper legal procedure as the basic constitutional basis for judicial protection. The features of subordinate relationship, which are reflected in the specific legal positions of the decisions of the Constitutional Court, have been revealed. The regulatory and correlating relationship between litigations has been proved. Practical implications. Constitutional complaint is an effective tool for protection constitutional rights and freedoms of an individual and a citizen in many countries, but it is a relatively new legal institution in Ukraine. This article, devoted to the disclosure of the relationship between civil and constitutional legal proceedings, will assist in the study of the latter and making it more effective and applicable. Value/originality: The conclusion is drawn that the relationship between the types of legal proceedings is mutual, that is, it involves the impact of one jurisdictional process on another one and vice versa. It has been proved that constitutional law is a system-building component of the national legal system and has an impact on the development and functioning of all other branches of public and private law.