CRIMINAL PROCEDURAL SUBJECT OF THE CONSTITUTIONAL COURT OF UKRAINE

Abstract

The article is devoted to the study of the question of endowment of the Constitutional Court of Ukraine with a criminal procedural subject. It is determined that Judicial authorities at the national level are endowed with the subject of evidence of the implementation of fundamental human rights. Such realization of human rights should be ensured by a court, regardless of the nature of violation of law, and therefore, regardless of the field of proceedings, within which such realization is carried out. For example, human rights to a fair trial must be implemented both in the criminal process and in other legal processes. Therefore, the realization of fundamental human rights as an object of judicial bodies is a "transdeal" judicial subject. The judicial subject of the visit is reflected in criminal proceedings. It is concluded that in criminal proceedings, all participants, in addition to having criminal procedural status and acquired in this connection criminal and criminal procedural rights, continue to be in the general civil constitutional status, in connection with which they are guaranteed fundamental (or constitutional) rights of the person. Attention is paid to the settlement of the right of participants in criminal proceedings to file a constitutional complaint. It is emphasized that determining the constitutionality of the law is an integral part of decisions on ensuring and implementing the fundamental human right to a fair trial. Attention is paid that in the case of inconsistency of the established legislative norms, the fundamental human rights, the possibility of filing a constitutional complaint by participants in criminal proceedings is a manifestation of the rule of law in action. Another way to question the decision of state bodies of criminal justice, which formally comply with the current rules of the law, is not in fact provided. It is determined that the application of individual access to constitutional justice in the field of criminal justice is a necessary condition for ensuring the rule of law. By submitting a constitutional complaint, the participants of the criminal proceedings realize their fundamental constitutional law, which is not provided for by the criminal procedural norms or the implementation of which the obstacles were created through established sectoral criminal procedural rules.Ensuring the Constitutional Court's right to appeal against criminal proceedings adds an element of fundamental human rights and the rule of law in criminal proceedings, which is lacking due to the lack of judges of criminal jurisdiction wide discretion to act in their own discretion. It is concluded that the constitutional complaint belongs to the elements of the constitutional process and cannot prevent its consideration as an element of the criminal process. In this case, the constitutional complaint proceedings are a separate court proceeding on a specific issue of observance of fundamental human rights, which is related to the resolution of the main issue of a particular criminal proceeding.