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Journal articles on the topic 'Institute a constitutional complaint'

Author: Grafiati
Published: 28 May 2022
Last updated: 30 July 2025

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1

Chernolutsky, R. V. "CONSTITUTIONAL COMPLAINT AS A NEW INSTITUTE OF CONSTITUTIONAL LAW OF UKRAINE." Соціальний Калейдоскоп 1, no. 3 (2020): 25–33. http://dx.doi.org/10.47567/bomivit.1-3.2020.03.

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The article is devoted to the analysis of the institute of constitutional complaint as a new mechanism of protection of human rights and freedoms for Ukrainian practice. The significance of the constitutional complaint as a new institution of the constitutional law of Ukraine lies in two aspects. First, it is an important additional mechanism (means) to protect individual rights and freedoms. This increases the impact of law on public relations, and the state strengthens its status as a legal entity. This also strengthens the applicability of the rule of law as one of the fundamental principle
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2

SHCHERBANYUK, Oksana. "Problems of Implementation of the Constitutional Complaint in Ukraine and Ways to Resolve them." Journal of Advanced Research in Law and Economics 11, no. 2 (2020): 586. http://dx.doi.org/10.14505/jarle.v11.2(48).29.

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The article explores the problems of implementation of the constitutional complaint in Ukraine and proposes ways of its solving. In terms of integration of Ukraine to the European Union there is a harmonization of the Ukrainian legislation to the European standards, so the analysis of foreign experience of functioning of institute of constitutional complaint is necessary to solve the problems in this area. Therefore, the main method in methodology of research of problems of implementation of constitutional complaints is comparative legal. As from 2016, Ukraine has introduced a normative model
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3

Urbanavičius, Rokas, and Vytautas Vaicekauskas. "The novelty of the individual constitutional complaint in Lithuania – theorethical and practical aspects." Vilnius University Open Series, no. 4 (November 16, 2020): 6–28. http://dx.doi.org/10.15388/os.tmp.2020.1.

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In several stages a new legal instrument (the constitutional complaint) was established in the legal system of Lithuania starting by the amendment of the Constitution on March 21, 2019 and continuing in July by introducing the requirements for appealing to the Constitutional Court. The essence of this novelty lies in the model established in the Polish Constitution, i. e. the additional possibility for a person who has exhausted all usual means of defence of constitutional rights and freedoms to appeal directly to the Constitutional Court questioning the constitutionality of such a legislative
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4

Pūraitė-Andrikienė, Dovilė. "Effects of the Rulings of Constitutional Court in Time." Teisė 112 (September 23, 2019): 70–90. http://dx.doi.org/10.15388/teise.2019.112.4.

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The article analyzes the temporal effects of the Constitutional Court of the Republic of Lithuania’s rulings, i.e., ex tunc, ex nunc, and pro futuro elements of judicial decisions in the constitutional justice model of Lithuania. This article aims to reveal the development of the doctrine of exceptions of the constitutionaly established rule, that the force of the decisions of the Constitutional Court is directed to the future, in the jurisprudence of a Constitutional Court and further development of this institute inter alia in light of the 2019 amendment to the Constitution of the Republic o
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5

Nalyvaiko, Larysa, and Olha Chepik-Tregubenko. "Institute of constitutional complaint: foreign practice, domestic experience and prospects." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no. 2 (2020): 7–15. http://dx.doi.org/10.31733/2078-3566-2020-2-7-15.

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The article deals with the problem of realization of the constitutional complaint in foreign countries and its peculiarities and further prospects in Ukraine. It is emphasised that the introduction of the constitutional complaint and the parallel implementation of the doctrine of amicable treatment of international law in the Constitutional Court will comprehensively promote the protection of citizens’ rights at national level and, as a result, can be an effective means of avoiding undue burden on the European Court of Human Rights. The most relevant directions for the constitutional complaint
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6

Karachevska, Hanna. "The Role of the Constitutional Complaint Institute in the Reform of Life Imprisonment in Ukraine." NaUKMA Research Papers. Law 12 (January 19, 2024): 23–34. http://dx.doi.org/10.18523/2617-2607.2023.12.23-34.

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The author explores the place and significance of the constitutional complaint institution in implementing international standards related to life imprisonment in the national legal system. Recently, following the development of these standards in international human rights law, the European Court of Human Rights declared that the absence of a predictable and transparent mechanism for reducing life imprisonment in Ukraine violates human dignity and contradicts Article 3 of the European Convention on Human Rights. In alignment with this perspective, in 2020, the Constitutional Court of Ukraine
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7

Pietsko, Yu. "Defining the institution of a constitutional complaint as an effective remedy in the doctrine and practice of the European Court of Human Rights." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 124–29. http://dx.doi.org/10.24144/2307-3322.2022.70.17.

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The institute of constitutional complaint is quite common in many European countries, but in Ukraine it appeared only in 2017. The introduction of such a remedy is due to the need to protect human rights, on the one hand, and the preventive role of the constitutional review body in relation to a significant number of complaints to the European Court of Human Rights against Ukraine - on the other. However, the “effectiveness” of such an institution in both planes is quite relative and depends on many elements. Today, the constitutional complaint implemented in Ukraine is only the beginning of a
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8

Pūraitė-Andrikienė, Dovilė. "Objects of Verification of the Constitutionality of Legal Acts in the Constitutional Court of the Republic of Lithuania." Teisė 116 (October 6, 2020): 72–91. http://dx.doi.org/10.15388/teise.2020.116.5.

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This article analyzes the objects of verification of the constitutionality of legal acts in the Constitutional Court of the Republic of Lithuania. This article aims to reveal the development of the official constitutional doctrine of the Constitutional Court on the issue of objects (according to the different breakdowns of this doctrine highlighted in the article) of verification of the constitutionality of legal acts, which are entrenched in the Articles 102 and 105 of the Constitution of the Republic of Lithuania, and the further development of this institute inter alia in light of the 2019
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9

Manojlović, Savo. "Specificities of administrative dispute and constitutional complaint procedure." Zbornik radova Pravnog fakulteta, Novi Sad 58, no. 3 (2024): 597–619. https://doi.org/10.5937/zrpfns58-54034.

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The paper explores the unique characteristics of two important legal institutes: administrative lawsuits and constitutional complaints. Although these legal mechanisms can be generally described, their application in practice requires a nuanced understanding that goes beyond mere theoretical knowledge. The aim of the paper is to deepen both theoretical and practical understanding of these institutes by analyzing their specific internal structures, which distinguish them from other legal remedies. The main thesis of the paper is supported by three sub-theses, highlighting the specificities of t
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10

Milova, T. "LEGAL NATURE OF THE SECURITY ORDER OF THE CONSTITUTIONAL COURT OF UKRAINE." Scientific notes Series Law 1, no. 10 (2021): 19–24. http://dx.doi.org/10.36550/2522-9230-2021-10-19-24.

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The article is devoted to the characteristics of the security order as one of the acts of the Constitutional Court of Ukraine and the practice of its application. It has been noted that the introduction of this executive document into the practice of the body of constitutional jurisdiction is due to the beginning of the functioning of the institute of constitutional complaint in Ukraine. Also it has been noted that the basis for securing a constitutional complaint is the need to prevent the irreversible consequences that may occur in connection with the execution of the final court decision. T
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11

Kobetska, N. R. "Constitutional principles of the institute of environmental rights in the Polish legal system." Uzhhorod National University Herald. Series: Law 2, no. 84 (2024): 187–94. http://dx.doi.org/10.24144/2307-3322.2024.84.2.25.

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The purpose of the publication is to present the features of the normative consolidation of environmental rights in the Polish legal system based on the systematic interpretation of the provisions of the Constitution of the Republic of Poland, legislative acts and the practice of their application, taking into account the analysis of the results of scientific research by Polish environmental lawyers. Based on a systematic analysis of the provisions of the Polish Constitution, the article singles out three groups of constitutional prescriptions that are directly or indirectly related to the est
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12

Shantalii, K. S. "PROBLEM ASPECTS OF THE IMPLEMENTATION OF THE CONSTITUTIONAL COMPLAINT INSTITUTE IN UKRAINE." Juridical scientific and electronic journal, no. 10 (2022): 672–74. http://dx.doi.org/10.32782/2524-0374/2022-10/169.

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13

Rusetskyi, O. A., and A. V. Zinchenko. "FUNCTIONING OF THE INSTITUTE OF CONSTITUTIONAL COMPLAINT IN UKRAINE AND IN FOREIGN COUNTRIES." Juridical scientific and electronic journal, no. 11 (2021): 777–79. http://dx.doi.org/10.32782/2524-0374/2021-11/197.

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14

Muraviov, Victor. "UKRAINIAN COURTS AND THE PROTECTION OF HUMAN RIGHTS." Actual Problems of International Relations, no. 128 (2016): 68–75. http://dx.doi.org/10.17721/apmv.2016.128.0.68-75.

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The article is focused on the interaction between the Ukrainian courts of general jurisdiction and the Constitutional Court of Ukraine in the area of the protection of human rights. There is emphasized that their independent functioning does not provide for the efficient protection of individual rights and freedoms and significantly increases the number of the judicial recourses of the Ukrainian citizens to the European Court of Human Rights. Particular attention is paid to the role of the Constitutional Court of Ukraine in the protection of human rights, which combines the functions of the co
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15

J Trivedi, Pina, Dharmesh M Patel, Priya K Varma, Mahnaz M Kazi, and Prabhudas S Patel. "A Novel Case of Sole Constitutional Nonhomologous Robertsonian Translocation rob(14;15) (q10:q10) in B-Cell Acute Lymphoblastic Leukemia." Journal of Clinical and Laboratory Research 5, no. 3 (2022): 01–04. http://dx.doi.org/10.31579/2768-0487/071.

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Robertsonian translocation is one of the major chromosomal rearrangements with an incidence rate of 0.1% of the general population. The current study presents a novel case of 18 years old male with complaint of high-grade fever was admitted at The Gujarat Cancer & Research Institute, Ahmedabad, India for treatment. Molecular cytogenetic study revealed sole constitutional nonhomologous Robertsonian translocation rob (14; 15) (q10:q10) in a B-cell Acute Lymphoblastic Leukemia. The constitutional translocation might be associated with a degree of genetic instability within the probability of
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16

Akutaev, R. M. "SOME ASPECTS OF COMPARATIVE LEGAL ANALYSIS OF THE INSTITUTE OF ADMISSIBILITY OF CITIZENS ' COMPLAINTS IN CONSTITUTIONAL PROCEEDINGS." Law Нerald of Dagestan State Universit 34, no. 2 (2020): 55–59. http://dx.doi.org/10.21779/2224-0241-2020-34-2-55-59.

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The article contains a comparative legal analysis of the Institute of admissibility of complaints of citizens on violation of their constitutional rights and freedoms under the legislation of the Russian Federation and the legislation of its subject  the Republic of Dagestan. The reasons for the differences in the legal regulation of the institution in question are considered, the proposal to improve the legislation on the constitutional Court of the Republic of Dagestan is made. It is concluded that compliance with the principles of the rule of law and the priority of the rights and freedoms
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17

Shelever, Nataliya, Mykhailo Herevych, Yana Fenych, Iryna Sukhan, and Pavlo Cherevko. "Guarantees for the exercise of the constitutional right of access to justice." Cuestiones Políticas 41, no. 79 (2023): 706–22. http://dx.doi.org/10.46398/cuestpol.4179.47.

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Through the dialectical method and the study of the doctrine, the research focuses on the theoretical and practical analysis of such a multifaceted legal category as access to justice. The author’s definition of the essence and content of the constitutional guarantee of the right of access to justice is presented. Modern issues of ensuring access to justice in Ukraine are highlighted. The description of typical forms of realization of the right of access to justice such as e-justice; constitutional complaint and right to free legal aid is given. Factors hindering the implementation and protect
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18

Stavniichuk, Maryna. "The institute of the constitutional complaint in the mechanism for ensuring and developing of the constitutional order in Ukraine: theoretical and practical problems of implementation." Ukrainian Journal of Constitutional Law 2 (2019): 36–48. http://dx.doi.org/10.30970/jcl.2.2019.4.

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19

Frumarová, Kateřina. "Specifics of Administrative Judicial Protection in Cases of Non-grant of International Protection in the Czech Republic." Central European Journal of Comparative Law 5, no. 1 (2024): 137–59. https://doi.org/10.47078/2024.1.137-159.

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The Ministry of the Interior, a state administration body, of the Czech Republic decides regarding granting asylum or international protection. The procedure is single-instance, without the possibility of a proper remedy. However, an unsuccessful applicant can defend himself within the framework of administrative justice, where he has two related means of protection at his disposal. First, a lawsuit against the decision of the Ministry of the Interior, which is decided by the regional courts; and second, a cassation complaint against the decision of the regional court, which is decided by the
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20

Andrukh, V. V. "Ways to improve the effectiveness of appeal in pre-trial criminal proceedings." Uzhhorod National University Herald. Series: Law 4, no. 85 (2024): 11–17. http://dx.doi.org/10.24144/2307-3322.2024.85.4.1.

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The article is devoted to the study of certain issues which, if resolved, will contribute to the enhancement of the effectiveness of appeal in pre-trial criminal proceedings. It is stated that regulatory gaps and the lack of uniform approaches to the grounds, conditions and procedure for applying the appeal institute do not allow for an effective mechanism of legal protection of violated substantive and procedural human rights. The author determines that formalized approaches to the appeal procedure have a negative impact on the effective achievement of the objectives (purpose) of appeal in pr
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21

Zaykov, D. E. "Compensatory Proceedings: Problems of Legal Regulation and Application." Actual Problems of Russian Law 19, no. 11 (2024): 64–72. https://doi.org/10.17803/1994-1471.2024.168.11.064-072.

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The institute of compensatory mechanisms, introduced in 2020 in constitutional proceedings, aims to compensate the applicant for complaints to the Constitutional Court of the Russian Federation for the negative consequences of violation of his rights by the use of a normative legal act recognized as unconstitutional or inconsistent with the Constitution of the Russian Federation in the interpretation given by the Constitutional Court of the Russian Federation. This legal institution is quite actively used by the Constitutional Court of the Russian Federation. However, attempts to implement it
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22

PARENTE, SALVATORE ANTONELLO. "IL RECLAMO E LA MEDIAZIONE TRIBUTARIA DOPO LA RIFORMA: PROFILI RICOSTRUTTIVI E RISVOLTI APPLICATIVI – PARTE SECONDA." Civitas et Lex 14, no. 2 (2017): 35–52. http://dx.doi.org/10.31648/cetl.2461.

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Alongside the expansion of subjective assumptions, required for the experiment of complaint/mediation, the real innovation is the broadening of the audience of those who can speak about it:tax agencies and any other body levying entity (for example, local authorities), whose decision wasthe subject of appeal. While tax agencies, given the considerable size, shall examine the complaintthrough facilities other than those that materially have issued actionable measures, for the otherinstitutions, whose acts are subject to the remedy, the identification of the subject responsible fordealing with c
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23

Barabash, Yurii. "‘Means for the protection of rights vs. legal certainty’ as a dilemma of the domestic official constitutional doctrine in the context of functioning of the institute of individual constitutional complaint." Ukrainian Journal of Constitutional Law 4 (2020): 47–60. http://dx.doi.org/10.30970/jcl.4.2020.2.

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24

Onishchuk, Mykola, and Maryna Samofal. "Declaring the act unconstitutional and extraordinary review of the court decision: problems of law enforcement." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 179–90. http://dx.doi.org/10.33663/10.33663/0869-2491-2021-32-179-190.

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The article considers the problem of the balance between the principle of legal certainty and effective protection of individual rights in court cases, where the trial ended with a final court decision, in light of declaring laws and other acts unconstitutional. The issue of validity of decisions of the Constitutional Court of Ukraine in time is therefore discussed in the article. The authors emphasize Supreme Court statement that the possibility to review a court decision in exceptional circumstances (if it is not executed only) is based on the principle of legal certainty, and the unconstitu
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25

Osipov, A. L. "Certain problems of protecting the constitutional rights of the individual when considering complaints by the courts in accordance with Article 125 of the Code of Criminal Procedure of the Russian Federation." Courier of Kutafin Moscow State Law University (MSAL)), no. 1 (May 14, 2024): 94–103. http://dx.doi.org/10.17803/2311-5998.2024.113.1.094-103.

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Based on the conceptual characteristics of the institute of judicial control in accordance with Article 125 of the CCP of the Russian Federation, separate problems of protecting the constitutional rights of an individual using this means of judicial protection are identified: lack of uniformity in the interpretation of norms on the subject and ambit of judicial control; lack of clear standards of proof when considering complaints by courts in accordance with Article 125 of the CCP of the Russian Federation; lack of regulatory provisions defining formal criteria for the admissibility of submitt
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26

Das, Mousumi. "Atopic Dermatitis: Case Series of Individualized Homoeopathic Treatment." International Journal of Health Sciences and Research 11, no. 11 (2021): 115–23. http://dx.doi.org/10.52403/ijhsr.20211114.

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Atopic dermatitis is a common, chronic, intensely pruritic, relapsing inflammatory skin disease that affects both children and adults. Atopic dermatitis is often the originating of a series of allergic disorders, mentioned as the "atopic march".There are numerous risk factors correlated with AD development. However, only two have always been related, and they are (1) family history of atopy and (2) loss of function mutations in the FLG gene. Topical anti-inflammatory therapy with topical corticosteroids or topical calcineurin inhibitors treatment are available in conventional therapy but somet
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27

Bakaianova, Nana, and Andrii Kubaienko. "Institute of the judicial supervision and the provision of methodological assistance to judges in Ukraine." Slovo of the National School of Judges of Ukraine, no. 1(34) (July 5, 2021): 17–28. http://dx.doi.org/10.37566/2707-6849-2021-1(34)-2.

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The paper is devoted to analysis of the current concerns of the judicial supervision and significance of the provision of methodological assistance to judges considering the historical experience. It is indicated that provision of the methodological assistance to judges is particularly important under current conditions as it ensures administration of fair and impartial justice. Every person’s right to fair trial based on supremacy of the law is achieved via accomplishing certain powers both procedural nature and out-of-court procedures. Procedural powers of the court are realized during consi
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28

Šago, Dinka, and Lucia Radić. "REVIZIJA PO DOPUŠTENJU U HRVATSKOM ZAKONODAVSTVU U KONTEKSTU PRAVA NA PRISTUP SUDU." Zbornik radova „Aktualnosti građanskog i trgovačkog zakonodavstva i pravne prakse“, no. 22 (July 1, 2025): 201–27. https://doi.org/10.47960/2744-2918.22.2025.201.

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Sažetak ( sa ključnim riječima): Sažetak: Predmet ovoga rada je razvoj instituta revizije po dopuštenju u hrvatskom zakonodavstvu u svjetlu posljednjih izmjena Zakona o parničnom postupku, s naglaskom na izmjene i dopune iz 2019. i 2022. godine. Posebna je pažnja posvećena razvoju revizije po dopuštenju u kontekstu prava na pristup sudu zajamčenog čl. 6. Konvencije za zaštitu ljudskih prava i temeljnih sloboda, s osvrtom na stajališta koja je u pogledu dopuštenih ograničenja toga prava od strane država potpisnica Konvencije u svojim odlukama iznio Europski sud za ljudska prava. U radu su nadal
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29

Sofio Paliani, Sofio Paliani. "Protection of Taxpayers' Rights Legal Guarantees." Economics 105, no. 4-5 (2022): 90–100. http://dx.doi.org/10.36962/ecs105/4-5/2022-90.

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The Constitution is the main source of tax law; the constitutional norms define the basis of the financial-legal policy of the state, including the regulation of tax policy. Taxes are the important means of implementing financial and legal policy by the state. The fulfillment of the obligation by individuals and legal entities to pay the taxes established by the Constitution ensures the formation of the budget of all levels in the state. That is why this constitutional obligation has a special, public-legal significance, which is conditioned by the public-legal nature of the state government.
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Parente, Salvatore ANTONELLO. "IL RECLAMO E LA MEDIAZIONE TRIBUTARIA DOPO LA RIFORMA: PROFILI RICOSTRUTTIVI E RISVOLTI APPLICATIVI – PARTE PRIMA." Civitas et Lex 13, `1 (2017): 29–48. http://dx.doi.org/10.31648/cetl.2452.

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The tax complaint and mediation underwent a noticeable makeover thanks to the decreeSeptember 24, 2015, n. 156, which gave effect to the delegation of reform of the tax system (lawMarch 11, 2014, n. 23). The decree has completely rewritten the article 17 bis, decree n. 546/1992,which, in the original formulation, had aroused many doubts of interpretation and applicationproblems, also in terms of constitutionality, culminating in a ruling by the Constitutional Court.The intervention is symptomatic of the evolution of the regulatory system towarda “marginalization” of contentious stage, intended
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31

Bashir, Ihsan, Wajid Ali, Musarrat Riaz, Saima Askari, Urooj Lal Rehman, and Zaheeruddin. "A CLINICAL ACCOUNT OF SHORT STATURE IN PAKISTANI CHILDREN AND ADOLESCENTS PRESENTED AT AN ENDOCRINE CENTER IN KARACHI." Insights-Journal of Health and Rehabilitation 3, no. 3 (Health & Allied) (2025): 391–98. https://doi.org/10.71000/7kqcsg43.

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Background: Short stature in children is a multifactorial condition influenced by genetic, hormonal, nutritional, and environmental factors. Differentiating between normal growth variants and pathological causes is essential for timely intervention. In resource-limited settings, such as Pakistan, understanding local patterns of short stature helps guide cost-effective diagnostic strategies and avoid unnecessary therapies. This study investigates the causes and contributing factors of short stature among pediatric patients evaluated at a tertiary endocrine care center in Karachi. Objective: To
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32

Chakim, M. Lutfi. "A Comparative Perspective on Constitutional Complaint: Discussing Models, Procedures, and Decisions." Constitutional Review 5, no. 1 (2019): 096. http://dx.doi.org/10.31078/consrev514.

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The constitutional complaint is one of the important constitutional court jurisdictions that can be described as a complaint or lawsuit filed by any person who deems his or her rights has been violating by act or omission of public authority. Currently, the constitutional court in many countries have adopted a constitutional complaint system in a variety of models. However, the first application of the constitutional complaint jurisdiction came from Europe. In Austria, the constitutional complaint is allowed against the administrative actions but not against the court decisions. While Germany
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33

Dewi, Desak Ayu Gangga Sitha, Xavier Nugraha, and Melva Emely Laurentius. "THE AUTHORITY OF THE CONSTITUTIONAL COURT IN HANDLING CONSTITUTIONAL COMPLAINTS: A COMPARATIVE STUDY WITH GERMANY AND SOUTH KOREA." Constitutional Law Society 1, no. 2 (2022): 127–39. http://dx.doi.org/10.36448/cls.v1i2.28.

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Until now, there is still no authority of the Constitutional Court to examine constitutional complaint cases, even though at least 30 (thirty) cases are declared unacceptable because the substance of the petition is constitutional complaint. In several countries, constitutional complaint has become one of the powers of the Constitutional Court as a legal remedy that citizens can take if there is a violation of their constitutional rights, such as in Germany and South Korea. Based on this background, the formulation of the problem in this is first, what is the urgency of adding constitutional c
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34

Palguna, I. Dewa Gede. "Constitutional Complaint and the Protection of Citizens the Constitutional Rights." Constitutional Review 3, no. 1 (2017): 1. http://dx.doi.org/10.31078/consrev311.

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Constitutional complaint is one of important issues to be dealt with by severral countries issues adopting constitutional court in their national legal system and the Federal Constitutional Court Germany (Bundesverfassungsgericht) is considered by expert as one of the most advance mechanism among countries in dealing with the issue. Generally speaking, constitutional complaint can be described as a complaint or lawsuit filed by an individual citizen who deems his or her constitutional right (s) has been violates by act or omission of public institution or public official. Mostly, such a compla
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35

Warjiyati, Sri, Kayode Muhammed Ibrahim, Safrin Salam, and Umar Faruq. "Complaint Authority for Constitutional Complaint by Indonesia’s Constitutional Court." Jurnal IUS Kajian Hukum dan Keadilan 10, no. 2 (2022): 303–15. http://dx.doi.org/10.29303/ius.v10i2.1070.

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Constitutional Court will be able to provide protection for constitutional rights which will produce institutions that are able to provide answers to reforms. The presence of the Constitutional Court third amendment to the 1945 Constitution of the Republic of Indonesia, which became the basis of Article 24C. The legitimacy of the Constitutional Court in a limited way is formulated, namely: to begin, to investigate legislation that violates the constitution, to adjudicate disputes over the power of state institutions vested with constitutional authority, and to adjudicate the dissolution of pol
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36

Teplyakova, D. V. "The Institute of Commissioner for Human Rights in the Republic of Peru." MGIMO Review of International Relations, no. 1(40) (February 28, 2015): 215–20. http://dx.doi.org/10.24833/2071-8160-2015-1-40-215-220.

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The presented article is devoted to the analysis of the basic principles of development, formation and activity of the institute of rhe Commissioner for Human Rights in the Republic of Peru. This Latin American state only 65 years ago took the democratic pass. Thirteen various constitutions were accepted in the meantime, and only the last constitution of 1993 could proclaim really democtratic principles of a state regime. The constitution recognizes a wide range of personal, socio-economic and political rights and freedoms of individuals. One of the guarantees of their implementation in practi
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37

Aruan, Bagas Christofel, and Umbu Rauta. "Kewenangan Inheren Mahkamah Konstitusi terhadap Perkara Pengaduan Konstitutional dengan Objek Putusan Pengadilan." Jurnal Kajian Pembaruan Hukum 2, no. 1 (2022): 1. http://dx.doi.org/10.19184/jkph.v2i1.27828.

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The authority of the Constitutional Court is often limited only to the judicial review of statutory products, not practice. The method used for this research is normative legal research using a conceptual approach, legislation, and comparisons. This legal research aims to examine the implementation of constitutional complaint schemes in various countries while reviewing the inherent authority of the Constitutional Court in reviewing constitutional complaint cases with the object of court decisions. The results show that the Constitutional Court of the Republic of Korea has many similarities wi
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Purnamasari, Galuh Candra. "Upaya Hukum Terhadap Pelanggaran Hak-Hak Konstitusional Warga Negara Melalui Pengaduan Konstitusional (Constitutional Complaint)." Veritas et Justitia 3, no. 2 (2017): 244–69. http://dx.doi.org/10.25123/vej.2668.

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Tulisan ini membahas mengenai konsep constitutional complaint sebagai upaya hukum terhadap pelanggaran hak-hak konstitusional warga negara. Dalam perkembangan demokrasi di Indonesia, perlindungan hak konstitusional menjadi salah satu isu konstitusional yang mendasar. Pelanggaran terhadap hak konstitusional tidak hanya melalui ketentuan normatif dalam suatu undang-undang, tetapi juga dapat terjadi melalui tindakan dari penguasa maupun oleh pihak-pihak lain. Gagasan terhadap masukan constitutional complaint ke dalam ranah Mahkamah Konstitusi telah menjadi isu tersendiri yang masih menimbulkan se
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Prymakov, Kamil, and Yuliia Zakoveria. "Improvement of the constitutional complaint as an instrument of human rights protection." ScienceRise: Juridical Science, no. 2(16) (June 30, 2021): 9–13. http://dx.doi.org/10.15587/2523-4153.2021.235281.

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The activity of the European Court of Human Rights is investigated and the significance of the relevant practice of the European Court for the judicial practice of Ukraine is determined. It is emphasized, that a constitutional complaint serves as an effective means of protecting fundamental human rights, strengthening the rule of law and building democracy, which has already been tested in many countries around the world. The article notes that the institution of constitutional complaint significantly expands the possibilities of protecting citizens. In general, this institution is a kind of c
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Kamil, Prymakov, and Zakoveria Yuliia. "Improvement of the constitutional complaint as an instrument of human rights protection." ScienceRise: Juridical Science, no. 2(16) (June 30, 2021): 9–13. https://doi.org/10.15587/2523-4153.2021.235281.

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The activity of the European Court of Human Rights is investigated and the significance of the relevant practice of the European Court for the judicial practice of Ukraine is determined. It is emphasized, that a constitutional complaint serves as an effective means of protecting fundamental human rights, strengthening the rule of law and building democracy, which has already been tested in many countries around the world. The article notes that the institution of constitutional complaint significantly expands the possibilities of protecting citizens. In general, this institution is a kind
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Szmulik, Bogumil, and Andrzej Poglodek. "THE CONSTITUTIONAL COMPLAINT IN THE POLISH SUPREME LAW -- A QUEIXA CONSTITUCIONAL NA LEI FUNDAMENTAL DA POLÔNIA." Espaço Jurídico Journal of Law [EJJL] 17, no. 1 (2016): 29–46. http://dx.doi.org/10.18593/ejjl.v17i1.10348.

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Abstract: The article presents the institution of the constitutional complaint in the 1997 Constitution of the Republic of Poland. For the first time in the history of Polish constitutionalism the current supreme law made it possible for the citizens to directly appeal to the Constitutional Tribunal in order to protect their laws and liberties guaranteed by the supreme law. The article describes the origin of the institution of the constitutional complaint in Europe and in Poland. The main focus, though, is on the extended analysis of the scope and coverage of the constitutional complaint, tog
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Subiyanto, Achmad Edi. "Perlindungan Hak Konstitusional Melalui Pengaduan Konstitusional." Jurnal Konstitusi 8, no. 5 (2016): 707. http://dx.doi.org/10.31078/jk854.

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The idea of a constitutional complaint against the input (constitutional complaint) into the realm of the Constitutional Court is part of efforts to protect the rights of citizens protected by the Constitution of the Republic of Indonesia Year 1945. Protections that are stronger and more real to the constitutional rights of citizens in particular, and human rights in general, is one of the characteristics of the 1945 Constitution which has undergone a fundamental change in question. So, talking about the constitutional complaint in relation to the 1945 mean to talk about the 1945 Constitution
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43

Gardner, Carl. "Constitutional complaint by C." Oxford Journal of Law and Religion 4, no. 3 (2015): 538–39. http://dx.doi.org/10.1093/ojlr/rwv033.

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Koval, Oleksandr. "THE IMPERATIVE OF INSTITUTING A MILITARY OMBUDSMAN AND ITS POTENTIAL FRAMEWORKS." Strategic Panorama, no. 2 (October 21, 2024): 21–26. http://dx.doi.org/10.53679/2616-9460.2.2023.02.

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The Secretariat of the Human Rights Commissioner of the Verkhovna Rada of Ukraine includes the Department for Monitoring the Observance of Rights in the Defense Sector and the Rights of Veterans and Servicemen, Prisoners of War and Their Family Members. The Department’s main task is to ensure that the Parliamentary Commissioner for the Observance of the Constitutional Rights and Freedoms of Servicemen exercises his or her powers. During 2022, the Human Rights Commissioner recorded a more than twenty-fold increase in appeals by servicemen regarding the violation of their rights compared to the
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STRATII, Oleksii, and Oksana MELENKO. "The place of the constitutional complaint in the human rights protection mechanism in Ukraine." Economics. Finances. Law 2/2024, no. - (2024): 97–101. http://dx.doi.org/10.37634/efp.2024.2.20.

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This paper constitutes a fundamental study aimed at analyzing the institution of the constitutional complaint as a significant element in the system for the protection of citizens' social rights. It highlights the legal establishment and procedural aspects of the constitutional complaint, reviews current judicial practice, and the challenges faced by the Constitutional Court of Ukraine in its consideration. The author's research also focuses on the importance of the constitutional complaint for applicants, revealing its impact on the possibility of a retrial based on the conditions established
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Dobrowolski, Marek, and Aleksander Stępkowski. "SKARGA NADZWYCZAJNA – DOPEŁNIENIE SYSTEMU OCHRONY PORZĄDKU KONSTYTUCYJNEGO." Studia Iuridica, no. 91 (November 12, 2022): 64–81. http://dx.doi.org/10.31338/2544-3135.si.2022-91.3.

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The article discusses the deficit of legal remedies allowing for the judicial review of the constitutionality of final court’s judgments. The deficit resulting from the narrow scope of the constitutional complaint as administered by the Constitutional Tribunal under the Art. 79 of the Constitution of the Republic of Poland, has been considerably reduced since 2018. The constitutional complaint allows only challenging unconstitutional statutory provisions upon which a challenged judgment was issued. This does not allow challenging a judgment that was issued in breach of the Constitution itself,
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Kusumo, Bambang Ali, and Abdul Kadir Jaelani. "MENGAGAS CONSTITUTIONAL COMPLAINT DALAM KONSTITUSI INDONESIA DAN POLITIK HUKUM ISLAM." Jurnal Wacana Hukum 24, no. 1 (2019): 1. http://dx.doi.org/10.33061/1.jwh.2018.24.1.2995.

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AbstractThis paper discuss constitutional complaint as laws effort to the violation of constitutional right of civil. The protection of human basic right in the next called constitution right was the one of pure element should be contain in the constututional country. UUD 1945 as basic constitutional of Indonesia contrastly admit and protect civil right constitution, but in reality, many case which complaint to the constition departement that indicated violated constitution right because the laws spread out bay government, on the other hand all effort have done by the complainer can not be jus
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Kuliavets, O. "Subject of the constitutional complaint in Ukraine." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 59–64. http://dx.doi.org/10.24144/2307-3322.2021.69.9.

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Given the experience of developed European countries in implementing the institution of individual constitutional complaint, Ukraine aims to increase the protection of human rights and freedoms. To this purpose, the institution of constitutional complaint was implemented in our country, which gave everyone the right to appeal to the Constitutional Court of Ukraine with a constitutional complaint to verify the constitutionality of the law applied in the final court decision on the subject of the constitutional complaint.
 As follows from the above, the subject of verification of the normat
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Taniady, Vicko, and Laili Furqoni. "Perluasan Kewenangan Mahkamah Konstitusi: Penerapan Constitutional Complaint dalam Menjaga Hak Konstitusional Warga Negara." Journal of Judicial Review 24, no. 1 (2022): 135. http://dx.doi.org/10.37253/jjr.v24i1.6688.

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Indonesia sebagai negara hukum sudah seyogyanya memenuhi dan melindungi hak konstitusional warga negara. Namun, fakta dilapangan menunjukkan bahwa kerap terjadinya pelanggaran hak konstitusional oleh organ negara. Tujuan penelitian ini adalah untuk mengkaji problematika pelanggaran hak konstitusional serta mengusulkan adanya penerapan constitutional complaint untuk menjaga hak konstitusional warga negara di Indonesia. Penelitian ini menggunakan metode hukum normative. Hasil penelitian ini menunjukkan bahwasanya upaya pengadopsian constitutional complaint menjadi urgensi yang harus diterapkan.
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Awanisa, Agsel, Yusdianto Yusdianto, and Siti Khoiriah. "The Position of Constitutional Complaint in the Constitutional Court of the Republic of Indonesia." Pancasila and Law Review 2, no. 1 (2021): 61–78. http://dx.doi.org/10.25041/plr.v2i1.2308.

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The purpose of this research is to determine the constitutional complaint mechanism based on comparisons in other countries, practices, and adaptation of constitutional complaints under the authority of the Constitutional Court of the Republic of Indonesia. Many cases with constitutional complaint substance have been submitted to the Constitutional Court of the Republic of Indonesia even though they don’t have this authority. This research uses a normative legal research method using a statutory approach, a conceptual approach, a comparative approach, and a case approach. This research indicat
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