ЩОДО УЧАСТІ АДВОКАТА В КОНСТИТУЦІЙНОМУ СУДОЧИНСТВІ

Abstract

The article deals with the issue of advocate participation in constitutional proceedings. It has been found that a advocate in this proceeding can perform the function of representing the interests of the subject of the right to a constitutional submission, the subject of the right to a constitutional appeal, the body or official who adopted the contested act. Also, advocates can act as authorized persons of the subject of the right to a constitutional complaint.

It is indicated that in the proceedings in the Constitutional Court, the advocate represents not only the position of the client, but also is the defender of the constitutional rights and freedoms of many persons, who are subject to the disputed rule of law.

The most difficult task of a advocate's participation in constitutional proceedings is the implementation of justification using scientific methodology and the established practice of the Constitutional Court in the text of a constitutional complaint or a constitutional submission of inconsistency with the Constitution of the law or its separate provision.

It is noted that the powers of a advocate in the Constitutional Court of Ukraine can be evidenced by a power of attorney, a warrant or a contract for the provision of legal aid.

The following procedural rights of a advocate in constitutional proceedings are distinguished: 1) to get acquainted with case materials; 2) give oral and written explanations; 3) express their opinions on the issues under consideration; 4) ask questions to other participants in the constitutional proceedings with the permission of the presiding judge; 5) to submit applications for the recusal of a judge, for the elimination of errors admitted in a decision or resolution; 6) submit a request for clarification of the order of execution of the decision; 7) withdraw the constitutional complaint and a number of others.

A proposal was made to determine the status, rights and duties of advocate and other representatives of the parties in proceedings before the Constitutional Court directly in the Law of Ukraine "On the Constitutional Court of Ukraine" and in the Rules of Procedure of the Constitutional Court.