Individual Constitutional Complaint in Germany and Ukraine as a Tool of Human Rights Protection

Abstract

The development of constitutional review mechanisms is a crucial prerequisite for the effective protection of human rights and freedoms in a democratic state governed by the rule of law. The introduction of the individual constitutional complaint in Ukraine in 2016 was intended to enhance citizens’ access to constitutional justice and bring national standards closer to European models. At the same time, the German constitutional complaint is one of the most influential and well-established mechanisms of constitutional review in Europe and offers a valuable point of comparison for assessing the effectiveness and limitations of the Ukrainian model. This article examines the legal nature, scope and procedural design of the individual constitutional complaint in Ukraine and compares it with the German Verfassungsbeschwerde. Special attention is paid to the admissibility criteria, the subject matter of review and the role of the Constitutional Court in correcting legislative defects and ensuring systemic protection of constitutional rights. The study shows that despite the significant potential of the institution in Ukraine, its operation remains less effective than that of its German counterpart, primarily due to excessive procedural formalism, narrow legislative restrictions and limited accessibility for applicants. The comparison with the German model highlights structural challenges in Ukrainian legislation and provides a basis for identifying pathways to improve the national system of constitutional rights protection.