@article{Pietsko_2021, title={CONSTITUTIONAL COMPLAINT IN UKRAINE AND THE COUNTRIES OF THE EUROPEAN UNION: A COMPARATIVE ASPECT}, volume={3}, url={https://jrnl.nau.edu.ua/index.php/UV/article/view/15960}, DOI={10.18372/2307-9061.60.15960}, abstractNote={<p><strong>Purpose:</strong> the study of the constitutional complaint in Ukraine and the member states of the European Union. <strong>Research methods: </strong>methods of induction, generalization, synthesis and comparative law method were used to achieve the goal. <strong>Results:</strong> it is established that the Ukrainian model of a constitutional complaint in view of the determined subject of law with such a complaint and the subject of constitutional control corresponds to the signs of an incomplete normative complaint. <strong>Discussion: </strong>it is determined that in modern political and legal realities the protection of human and civil rights occupies an important place within the framework of constitutional control, in particular by filing a constitutional complaint; the subject composition, subject and types of constitutional complaint in Ukraine and leading European states are analyzed.</p> <p>The state has a positive obligation to protect its citizens both internationally and nationally. At the same time, a person has the right to protection of his fundamental rights, which are provided by international standards and national legislation. It is determined that a person often becomes a "hostage to the rule of law" in the justice system if the state through the relevant legal act does not fulfill or does not fully fulfill its positive obligations to protect human and civil rights, and the relevant national court verifies compliance with such rights only within clearly regulated legal limits.</p> <p>According to the results of the study of the institute of constitutional complaint in Ukraine and the European Union, it is established that the model of constitutional complaint introduced in Ukraine through a subject of law with such a complaint and the subject of constitutional control is an incomplete regulatory complaint. It is determined that the existing protection of a person’s rights within the framework of constitutional control is unique, as a person cannot fully regulate judicial control given the applicability or inapplicability of a certain normative legal act to disputed legal relations, but can only indirectly point to it. It is emphasized that even if a court of general jurisdiction applies a certain law, which may further become a ground for appealing to the Constitutional Court of Ukraine with a constitutional complaint, a person cannot initiate the issue of the same review of a bylaw.</p>}, number={60}, journal={Scientific works of National Aviation University. Series: Law Journal "Air and Space Law"}, author={Pietsko, Julia}, year={2021}, month={Sep.}, pages={103–109} }