Constitutional complaint in the mehanism of official interpretation of law: significance for ensuring the legal security of the individual

Abstract

The purpose of the study is to determine the role of the constitutional complaint as a tool of official interpretation of law in ensuring legal security of the individual and to identify the risks associated with dynamic interpretation, as well as to define directions for their minimization in constitutional adjudication. The methodological framework of the research is based on a combination of general scientific and special legal methods. The dialectical method was used to analyse the development of legal phenomena; the system-structural method was applied to examine the interrelation between legal security and interpretative activity; the formal legal method was employed to study legal norms and judicial decisions; the comparative legal method enabled the comparison of national practice with the case law of the European Court of Human Rights; and the method of legal analysis was used to generalize doctrinal approaches and judicial practice. The study substantiates that legal security of the individual functions as a criterion for evaluating interpretative activity of constitutional jurisdiction bodies. It is established that the constitutional complaint performs a dual function by combining a mechanism of constitutional review with a form of case-based official interpretation of law through which binding legal positions are developed. The research identifies the risks of dynamic interpretation, including reduced predictability of legal positions, expansion of judicial discretion and potential violation of the principle of legitimate expectations. Directions for improving the constitutional complaint mechanism are proposed, including expanding its scope, developing a unified methodology of interpretation, establishing criteria for changing legal positions, and improving standards of judicial reasoning. It is concluded that the effectiveness of the constitutional complaint as a tool of official interpretation depends on the consistency and predictability of interpretative practice, as well as adherence to the principles of legal certainty, proportionality and proper reasoning. Implementation of the proposed measures will contribute to strengthening legal security of the individual and improving the effectiveness of constitutional justice.