Konstitucinio skundo samprata ir reikšmė konstitucinėje teisminėje kontrolėje

Abstract

pepelnicaThe present article deals with the right of a person to apply to the Constitutional Court requesting the constitutionality of a certain legal act, features of an individual constitutional complaint etc. The author believes that the importance of this institution is related with an increasing trend of constitutionalization of law. The individual constitutional complaint is a certain legal measure, which gives a chance to a person, who believes that his rights are violated, to apply to the Constitutional Court and ask for verification of decisions of public authority. The purpose of the individual constitutional complaint is a protection of individual subjective rights which are guaranteed by the Constitution. The author emphasizes such features of the individual constitutional complaint: (1) the complaint is single, i.e. a particular person has a right to submit constitutional complaint in a particular case; (2) the object of a complaint is only violations of a constitutional rights and freedoms; (3) constitutional courts have a right to decide the individual constitutional complaints and decisions of theses courts are obligatory. In the opinion of the author, an individual constitutional complaint might be successfully embedded in the Lithuanian legal system. However, it is very important to choose the suitable model of the individual constitutional complaint, to regulate it clearly and to create proper preconditions (organizational, legal, material and similar) for its functioning.