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The President and the Parliament should not threaten the judges of the Constitutional Court, but implement its decision, which is final and not subject to appeal

Legislative initiatives aimed at the unconstitutional and unlawful reversal of the Constitutional Court’s decision No.13-r/2020 of 27 October 2020 almost immediately received a harsh and confident assessment from international organizations and recognized law experts. I have previously written about the letter of the President of the Venice Commission Gianni Buquicchio and the President of the Group of States against Corruption (GRECO) Marina Mrchela, stating that this situation has been provoked under direct pressure from the forces exercising external governance in Ukraine. I have also stressed that neither the President of Ukraine, nor the Verkhovna Rada is authorized to dissolve the Constitutional Court and terminate the powers of its judges. 

On October 30, a group of MEPs, including the rapporteur on Ukraine M. Haller, the Chairman of the EP delegation to the Euronest Interparliamentary Assembly A. Kubilius, the rapporteur of the Social Democrats Group on Ukraine V. Tsimoshevich, the rapporteur of the Renew group on Ukraine P. Aushtrevicius, the rapporteur of the Greens on Ukraine V. von Caymon-Taubadel and S. Kalniete signed up to the statement on the following. “…The decision of the Constitutional Court has created a “legal hole” in the key anti-corruption reform legislation.  In this regard, the Ukrainian government and legislature have as soon as possible to fill in the legal void caused by the Constitutional Court’s decision and to quickly restore a fully functioning, effective and comprehensive institutional architecture to combat corruption – including the judiciary, but at the same time to fully preserve the independence of the latter from the executive and legislative power branches.”

I am convinced that this principle and recommendation should become the basis for resolving the situation that has arisen in connection with the fact that the Constitutional Court has declared unconstitutional a number of provisions of current legislation, which have therefore lost their legal force.  Since the draft law submitted by the President of Ukraine Zelenskyy and the draft law No.4304, introduced by MPs, who primitively offer to restore the repealed norms, that is, to commit a gross violation of legislation in force, which entails criminal liability under Articles 109, 344, 376 and 382  of the Criminal Code of Ukraine, constitute a refusal to execute the decision of the Constitutional Court. If the Constitutional Court declared these norms unconstitutional, they cannot become part of the Ukrainian legislation in such a wording, which is directly specified in the decision of the Constitutional Court No.4-rp/2016 of 8 June 2016.

The President and the Parliament should not accuse the judges of the Constitutional Court and demand that they fulfill their groundless illegal “wishes”, but fill in the gap in the current legislation that has arisen because of the decision of the Constitutional Court, in accordance with the Constitution and the decision of the Constitutional Court. Only in this way, the independence of the judiciary legislation may be ensured through the adoption of new legislation.

Viktor Medvedchuk,

Chair of the Political Council of the OPPOSITION PLATFORM – FOR LIFE party

Опубликовано: 16 November 2020