Clients’ representation in the constitutional proceedings

Support of preparing and filing a constitutional complaint — additional protection of rights after the exhaustion of all national remedies

What is a constitutional complaint?

Under Article 151-1 of the Constitution of Ukraine, every person has the right to file a constitutional complaint with the Constitutional Court of Ukraine if they consider that a law applied in the final court decision in their case contradicts the Constitution. This is possible only after all national remedies have been exhausted — that is, after the first-instance, appellate and cassation instances have been completed.

This mechanism is guaranteed by the Constitution and gives a person an additional level of protection of their rights. GOLAW lawyers support the preparation of a constitutional complaint and represent the client’s interests in constitutional proceedings — with an individual approach and an assessment of the prospects in each particular case.

What we do

  • Assess the prospects and grounds for filing a constitutional complaint
  • Analyse the final court decision and the law applied in the case for compliance with the Constitution
  • Prepare the constitutional complaint in accordance with the requirements as to its form and content
  • Substantiate the unconstitutionality of the applied law
  • Support the filing of the complaint with the Constitutional Court of Ukraine
  • Represent the client’s interests in constitutional proceedings
  • Advise on the consequences of the Constitutional Court’s decision for the client’s case

How we work

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1
Assessment of the prospects of filing
Analysis of the client's case, the final court decision and the applied law. Determining whether there are grounds and prospects for filing a constitutional complaint
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2
Analysis of compliance with the Constitution
Examining the law applied in the final decision for its compliance with the Constitution of Ukraine and forming a legal position on unconstitutionality
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3
Preparation of the constitutional complaint
Drafting the complaint in accordance with the requirements as to form, content and substantiation, and preparing the necessary annexes and materials
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4
Filing and representation
Support of filing the complaint with the Constitutional Court of Ukraine and representation of the client's interests in constitutional proceedings
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5
Consequences of the decision
Advice on the consequences of the Constitutional Court's decision, in particular the possibility of reviewing the client's case

Key lawyers

Igor Glushko
  • Partner, Head of Criminal Law and White Collar Defence practice, Attorney at law
Andrii Datskiv
  • Partner, Head of Litigation and Dispute Resolution practice, Attorney at law, PhD
Dr. Valentyn Gvozdiy
  • Founding Partner at GOLAW, Attorney at law, PhD

We are trusted We are trusted

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Häufig gestellte fragen

  • Who can file a constitutional complaint?

    A person who considers that a law applied in the final court decision in their case contradicts the Constitution of Ukraine. A complaint can be filed only after all national remedies have been exhausted

  • When can a constitutional complaint be filed?

    After all court instances have been completed — first-instance, appellate and cassation — and a final decision has been rendered. Before these remedies are exhausted, the complaint is inadmissible

  • What does a constitutional complaint provide?

    If the Constitutional Court finds the applied law unconstitutional, this may serve as grounds for reviewing the client’s case. We advise on the consequences of the decision for the specific situation

  • Is the result guaranteed?

    No — as in any proceedings, the result depends on the circumstances of the case. We assess the prospects in advance and undertake the preparation of the complaint when there are well-founded grounds for filing.

Get in touch

To get a consultation, please fill out the form below or call us right away:
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We respond within 2 hours on business days 31/33 Kniaziv Ostrozkykh st, Kyiv
All data is protected by attorney-client privilege in accordance with Article 22 of the Law of Ukraine “On the Bar and the Practice of Law.”

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