Constitutional Court Upholds Parliamentary Oversight of Citizens' Rights to Appeal to Public Associations

Ruling by the Constitutional Court of Ukraine

According to Конституційний суд: On September 10, 2026, the Constitutional Court of Ukraine issued Decision No. 11-р(І)/2026, addressing the constitutional complaint filed by Oleksandra Vyacheslavivna Matviychuk. The Court reviewed the constitutionality of Article 188-40 of the Code of Ukraine on Administrative Offenses and Article 22 of the Law of Ukraine 'On the Commissioner of the Verkhovna Rada for Human Rights.' These provisions were affirmed as constitutional, confirming the existence of a parliamentary mechanism to oversee the protection of the right to petition public associations.

The Court’s Reasoning

In this case, the Pechersk District Court of Kyiv and the Kyiv Court of Appeal held Matviychuk administratively liable for failing to comply with lawful demands issued by the Commissioner. The Court emphasized that the obligation to cooperate with the Commissioner, as established in Article 22 of the Law on the Commissioner, serves as a key safeguard for individuals' right to seek protection of their rights through the Commissioner. This right is guaranteed by Part Three of Article 55 of Ukraine’s Constitution.

The Constitutional Court also clarified legal principles regarding the responsibility of public associations to respond to citizens’ appeals. It noted that since public associations are voluntary unions of individuals and/or private legal entities, imposing a legal duty on all such organizations to reply to citizens' inquiries is unjustified under Ukrainian law.

Furthermore, the Court pointed out that oversight by the Commissioner over the exercise of citizens’ rights to address public associations that lack public authority or state budget funding is unwarranted. These public associations primarily aim to exercise and defend their own rights and freedoms and serve public interests based on voluntariness and self-governance.

Judge-Rapporteur Olga Sovhirya highlighted the significance of the state-established parliamentary control framework, which ensures the possibility for citizens to appeal to the Commissioner for Human Rights protection.

“The state has established a comprehensive legal mechanism of parliamentary oversight to guarantee adherence to constitutional human rights and freedoms,” the Court remarked.

This ruling carries substantial importance for human rights advocacy in Ukraine, as it reinforces parliamentary supervision over the observance of citizens' rights and interactions with public associations.

By affirming the constitutionality of norms regulating the duties of public associations, the Court’s decision may encourage more proactive defense of individual rights and freedoms while strengthening parliamentary oversight mechanisms. This judgment could serve as a foundation for future legal reforms aimed at enhancing human rights protection in Ukraine.