The Constitutional Court of Ukraine as an institution for overcoming legal gaps in the national legal system

The article examines the role of the Constitutional Court of Ukraine as a key institution for overcoming legal gaps in the national legal system. It is established that legal gaps are an objective phenomenon caused both by the imperfection of the law-making process and by the dynamics of social relations, which complicate law enforcement and create risks of legal uncertainty. The author emphasizes that the Constitutional Court of Ukraine, not being a legislative body, eliminates legal gaps through a number of instruments: official interpretation of the Constitution and laws; declaring unconstitutional provisions of normative acts that create legal conflicts or gaps; formation of binding legal positions that serve as guidelines for courts and other authorities; and preventive control over draft amendments to the Constitution. It is demonstrated that the practice of the Constitutional Court of Ukraine contains numerous examples of overcoming legal gaps, including decisions on social guarantees, decommunization legislation, as well as the decision of the Second Senate of January 21, 2025, No. 3-r(ІІ)/2025, which eliminated uncertainty in the field of tax relations and confirmed the significance of the principle of legal certainty as a component of the rule of law. It is substantiated that the activity of the Constitutional Court of Ukraine ensures the stability and integrity of the legal framework, creates a balance between the separation of powers and the need for the prompt elimination of defects in legislation, and contributes to the harmonization of national law with European standards. It is emphasized that the adaptation of legislation to European norms requires maintaining a balance between national law and international obligations. Under martial law, the role of the Constitutional Court of Ukraine as a guarantor of the constitutional order, human rights and freedoms, and the prevention of power usurpation becomes increasingly important. The conclusion is drawn that the Constitutional Court of Ukraine is a leading mechanism for ensuring legal certainty, stability, and the democratic development of the state, and its role in overcoming legal gaps is of fundamental importance for the functioning of the legal system.