The role and significance of the legal positions of the Constitutional Court of Ukraine

Abstract

In the implementation of the official interpretation of laws, the constitutional courts do not carry out the primary settlement, regulation of the relevant relations, but only reveal its content, give it content that is adequate to the constitution; the implementation by constitutional courts of a function close to legal proceedings entails the obligation of all participants in the relevant relations to act in accordance with the permissions granted.
The legal nature of the bodies of constitutional jurisdiction determines such a feature of their activities as the fact that they must not only apply the constitution and the law, but also «find» the law, that is, form the constitutional law, own legal positions of understanding, interpretation of certain provisions of the constitution.
The article provides a comprehensive analysis of issues related to the definition of the role and significance of the legal positions of the Constitutional Court of Ukraine.
It is substantiated that, firstly, legal positions containing the interpretation of constitutional norms, the constitutional content of the law, on which the decisions of the Constitutional Court of Ukraine are based, they are binding, regardless of whether they are contained in the operative or reasoning part of decisions.
 Secondly, the decision of the Constitutional Court of Ukraine on the interpretation of the law is binding for all cases of application of this particular law, so we are not talking about a similar, but about the same situation, and not about similar factual circumstances of the case, as in the classical judicial precedent, but about the legal content of the law to be applied. Therefore, to assess the legal significance of the decision of the Constitutional Court of Ukraine, it is more appropriate to use the term «prejudice».
It is proposed that the renewal in the Law of Ukraine «On the Constitutional Court of Ukraine» of an article on the possibility of indicating the prejudice of the decision of the Constitutional Court of Ukraine when considering by courts of general jurisdiction of claims in connection with legal relations that arose as a result of the action of an unconstitutional act of legal certainty associated with the violation of the principles of the rule of law, human rights and freedoms.
According to the classifications defined in the scientific literature, the prejudice of the Constitutional Court of Ukraine is proposed to be considered imperative, that is, it has a universally binding value, requires mandatory application and cannot be appealed; absolute, this one that cannot be questioned, refuted, or inapplicable; legal, containing the interpretation of the norms of legislation and the procedure for their implementation, conclusions that develop, concretize, detail the primary rules aimed at the implementation of the norms of legal acts or the regulation of security or auxiliary relations, the effect of which is not limited to a specific case with a certain circle of persons.