Drozdova & Partners Law Firm

Challenging before the Constitutional Court a law, in reliance on which a court issued an illegal decision, has become a new remedy to redress violations of rights of Ukrainian citizens and businesses.

If an unfair law has affected your rights or those of your business, from now on you have an opportunity to have such law revoked as unconstitutional. However, given that holding a law to be invalid has a nationwide effect, the legislature has provided a special mechanism of exercising the right to constitutional complaint to protect the Constitutional Court from unreasonable applications.

For instance, one may file a complaint with the Constitutional Court only if unfair legal provisions have still been applied in a final judgment in their case. When preparing an application, measures should be taken to comply with all the requirements applicable to its execution, to correctly establish the subject of the complaint, to give sound arguments, and to provide relevant evidence.

Ignorance of the procedure, whether in whole or in part, may result in the rejection of the complaint as early as at the stage of preliminary review of the application by the Supreme Court’s office. This, eventually, would bring to nothing all efforts you have made to restore justice. We therefore recommend that you should engage professionals for the purposes of preparation of your application.

The team of Drozdova & Partners Law Firm will help you:

• assess the prospects of your application with the Constitutional Court;
• prepare or, if already prepared, check you constitutional complaint;
• prepare and submit such additional materials and documents as may be necessary in connection with the hearing of the case;
• represent your interests during the hearing of the complaint before the Constitutional Court; and
• have your rights redressed after the Constitutional Court makes its decision on the application.