THE SPECIAL NATURE OF THE SEPARATE OPINION OF THE JUDGE OF THE CONSTITUTIONAL COURT OF UKRAINE

Abstract

The article provides an analysis of the legal positions of scholars in the field of constitutional law regarding their vision and interpretation of the issue of the institution of a separate opinion of a judge of the Constitutional Court of Ukraine. It is noted that in the national legal system, the institution of a separate opinion of a judge of constitutional justice is a thorough tool for ensuring the internal independence of each judge of the Constitutional Court of Ukraine. It is emphasized that the ability of a judge to independently and publicly express his disagreement with the majority, even with a possible negative influence on himself, allows a judge of a body of constitutional justice to identify himself as an independent subject. Attention is drawn to the fact that the dissenting opinion of the judge of the Constitutional Court of Ukraine contributes to the scientific discussion, points out certain shortcomings of the decision, prompts intervention and detailing of the issue and can serve as a model for correcting errors in the future. A separate opinion of a judge of a body of constitutional justice is a reflection of the judge’s legal position in a specific case and is not an independent act of the Constitutional Court of Ukraine and does not act as a source of constitutional law. It is emphasized that there are certain disagreements in the views of scientists and practitioners regarding the vision of a separate opinion of a judge of the Constitutional Court of Ukraine as a guarantee of a judge’s independence, and therefore, in modern legal realities, there is a need for further scientific research into this aspect. The author comes to the conclusion that several approaches to the study of the legal nature of the separate opinion of a judge of the Constitutional Court of Ukraine are distinguished in the literature, namely, as: the form of expressing disagreement, as the judge’s right to object to the content of the adopted decision of the Constitutional Court of Ukraine or individual provisions; as an element of a court decision that does not have binding legal force and does not provide for the onset of legal consequences; as a guarantee of the independence of the judge of the Constitutional Court of Ukraine; as a significant component of the development of constitutional and legal doctrine and a source of scientific knowledge.