On 3 August 2017, the new Law of Ukraine "On the Constitutional Court of Ukraine" (the "Constitutional Court Law") came into force.
In addition to the substantially new procedure for the competitive selection of candidates for the Constitutional Court, the Constitutional Court Law introduced the new instrument of the constitutional complaint, which was not previously envisaged by Ukrainian legislation.
- A constitutional complaint may be filed with the Constitutional Court of Ukraine by an individual or company.
- A complaint may be brought on the law (act of Parliament) which was applied in proceedings involving such individual or company, provided that, in the opinion of the applicant, such law contradicts the Constitution of Ukraine.
- In cases where a complaint is upheld, the Constitutional Court of Ukraine will declare the law as unconstitutional, with such law immediately ceasing to be effective and becoming not applicable to any case.
- Previous court judgments made on the basis of the law declared unconstitutional may be reconsidered further on the merits.
A constitutional complaint shall become an additional instrument of legislation for the protection of constitutional rights and interests.