Constitution of Ukraine and the mechanism for ensuring its effectiveness (on the example of human rights protection in constitutional and civil proceedings)

The article is devoted to the analysis of the mechanism for ensuring the effectiveness of the norms of the Constitution of Ukraine, which concern the fundamental rights of man and citizen, in particular, the protection of the right to work, consumer rights. The emphasis is placed on the fact that the Constitution of Ukraine is an effective mechanism that resolves the most important issues in the state and which is directly appliesby the Constitutional Court of Ukraine in its practice, and the Verkhovna Rada of Ukraine can and should ensure the work of this mechanism and improve it. The role of the President of Ukraine as a guarantor of compliance with the Constitution of Ukraine, human and citizen rights and freedoms is analyzed and the author’s hypotheses are expressed that the President cannot influence the courts and judges, since the latter are independent and must obey only the law. The conclusion is made that the Constitutional Court of Ukraine (hereinafter – the CCU) is carrying out significant and positive work on streamlining the legislation and bringing it into line with the Constitution and European standards, but its activities must be consistent with the procedure for the adoption of decisions by courts based on the principle of the rule of law. The Decision of the Constitutional Court of Ukraine, Second Senate, in the case on constitutional complaints of Doroshko Olga Yevgenivna, Yevstifeyev Mykyta Igorovych, Kushaba Ivan Petrovych, Yakimenko Volodymyr Petrovych on the compliance with the Constitution of Ukraine (constitutionality) of paragraphs 1, 5 of part six of Article 19, paragraph 2 of part three of Article 389 of the Civil Procedure Code of Ukraine (regarding guaranteeing the right to judicial protection in minor disputes) dated November 22, 2023 No. 10-р(II)/2023 was analyzed and the conclusion was made that it is impossible to qualify the case as minor based on the price of the claim, since this degrades human rights, in particular, when a citizen receives the minimum wage, then the dispute will concern an insignificant amount. Therefore, we cannot agree with the qualification of labor disputes as minor, since this neglects the significance of the Basic Law of Ukraine, since the Constitution regulates the right to work of a person, which is fundamental, and not minor issues. Our state has undertaken obligations and must guarantee the protection of the rights of its citizens to appeal to the European Court of Human Rights.