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Ukrainian law

Legal news in Ukraine: Constitutional Court started hearing of the case on the Parliament dissolution, President appointed new contests for the posts to the ECHR and to the High Council of Justice, new decisions of the CCU

16.06.2019 / 13:28
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Legal news in Ukraine: Constitutional Court started hearing of the case on the Parliament dissolution, President appointed new contests for the posts to the ECHR and to the High Council of Justice, new decisions of the CCU

The Constitutional Court is considering the case of the Rada dissolution

The Grand Chamber of the Constitutional Court of Ukraine has begun consideration of the case regarding the constitutionality of the President of Ukraine’s Decree on the dissolution of parliament

During the open part of the meeting, the judge-rapporteur informed about the content of the constitutional submission and the grounds for opening the constitutional proceedings on the case.

The President of Ukraine, guided by part two of article 77, parts sixth, seventh of article 83, paragraph 1 of part two of article 90 of the Constitution of Ukraine, in accordance with paragraphs 7 and 8 of part one of article 106 of the Constitution of Ukraine, terminated the powers of the Verkhovna Rada of Ukraine of the eighth convocation. He appointed special elections to the Verkhovna Rada of Ukraine on July 21, 2019 and instructed the Cabinet of Ministers of Ukraine to provide funding for these elections.

According to the people's deputies of Ukraine, the Decree does not correspond to such an element of the rule of law as legal certainty, since it does not contain a proper justification for the existence of grounds for early termination of the powers of parliament.

According to paragraph 1 of part one of Article 90 of the Constitution of Ukraine, the President of Ukraine does not establish the absence or presence of a coalition of deputies in the Verkhovna Rada of Ukraine, but only issues a decree if there is a legal fact - there is no coalition of deputies in parliament within one month from the date of its termination.

The authors of the petition believe that the Decree does not comply with part one of article 8, part two of article 19, clause 1 of part two of article 90, clause 8 of part one of article 106 of the Constitution of Ukraine.

The Court received appeals from citizens of Ukraine with a request to speed up the consideration of the case, conclusions from members of the Scientific Advisory Board of the Constitutional Court of Ukraine, amicus curiae from experts and scholars in the field of law, representatives of public organizations on issues raised in the constitutional submission.

The Grand Chamber of the CCU investigated the materials of the case in the open part of the plenary session and proceeded to the closed part.

The President announced a new competition for the position of the ECHR judge from Ukraine

A new competition for the position of a judge of the European Court of Human Rights from Ukraine has begun in Ukraine, states the Decree of the President of Ukraine Voladymyr Zelenskyy dated June 10, 2019 No. 356/2019.

According to the Decree, a competition commission is being created, in which, by agreement, it is proposed to include 5 people.

A candidate for election as a judge of the European Court of Human Rights from Ukraine may be a person who:

has high moral qualities;

has a higher legal education not lower than a master's degree (or a higher education equivalent to it by educational qualification level of a specialist), obtained in Ukraine, or a higher legal education of a corresponding degree, received in other states, and not less than ten years of professional experience in the field of law and/or experience of scientific or pedagogical activity in this field, and / or experience in the field of protection of human rights and fundamental freedoms; has a thorough knowledge of the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, its protocols and the practice of the European Court of Human Rights;

is fluent in one of the official languages ​​of the Council of Europe (English or French) and has a knowledge of the second official language of the Council of Europe (French or English, respectively) at a level sufficient to read and understand the content of the text.

President canceled appointment to High Council of Justice and announced new competition

President of Ukraine Volodymyr Zelensky approved Decree No. 357/2019 of June 10, 2019 on holding an open competition for the appointment of members of the High Council of Justice.

In addition, he overturned the decrees of the President of Ukraine of May 13, 2019 No. 217 and No. 218 on the appointment of members of the HCJ (Mykhailo Isakov and Andriy Vasylenko).

The competition commission was established by the decree of the President. The commission will hold a competition, which will have three parts: selection of candidates, interviews and determination of the winners.

The High Council of Justice consists of twenty-one members, of whom ten are chosen by the congress of judges of Ukraine from among judges or retired judges, and two are appointed by the President of Ukraine, the Verkhovna Rada of Ukraine, the Congress of Advocates of Ukraine, the All-Ukrainian Conference of Prosecutors and the Congress of Law Universities and scientific institutions.

The Constitutional Court declared unconstitutional the creation of the NKREKP

The Constitutional Court of Ukraine declared as unconstitutional some of provisions of the Law of Ukraine «On the National Commission, which carries out state regulation in the fields of energy and utilities».

The ССU found that the way of formation of the National Commission for state regulation in the energy and utilities and its status did not comply with the Constitution of Ukraine.

The Constitutional Court recognized that paragraph five of part three of Article 8 of the Law of Ukraine «On the National Commission that carries out state regulation in the fields of energy and utilities» of September 22, 2016, No. 1540-VIII complies with the Constitution of Ukraine.

At the same time part of the first article 1, paragraph 2 of part one of article 4, part one, paragraph one, second part of article 5, paragraphs two, third, fourth, thirty nine, fortieth part three, part six of article 8 of this Law are recognized as unconstitutional.

The National Commission was created in 2014 by the President of Ukraine as a permanent independent state collegiate body exercising state power in the areas determined by the law, but the court noted that the National Commission is essentially a central executive body.

Such a body can be created by the Cabinet of Ministers of Ukraine (clause 91 of Article 116 of the Constitution of Ukraine) with a legislative definition of its organization and activities by the Verkhovna Rada of Ukraine (clause 12 of part one of Article 92 of the Constitution of Ukraine).

Unconstitutional provisions of the law are no longer valid from December 31, 2019.

The Constitutional Court ruled in a case of the appeal against detention

The Constitutional Court of Ukraine declared unconstitutional the provisions of Article 392 of the Criminal Procedure Code of Ukraine.

These norms make it impossible to submit a separate appeal against a court order regarding the extension of the detention period, which was established during the trial in the court of first instance before the court decision on the merits.

The Constitutional Court of Ukraine declared unconstitutional the provisions of Article 392 of the Criminal Procedure Code of Ukraine.

These norms make it impossible to submit a separate appeal against a court order regarding the extension of the detention period, which was established during the trial in the court of first instance before the court decision on the merits.

The Court notes that the mechanism for implementing the right to judicial protection, including the right to appeal, is one of the constitutional guarantees of the exercise of other rights and freedoms. The mechanism of correction of the court of first instance’s errors by the appellate court must meet the criteria and requirements of effectiveness.

The impossibility of a timely appeal makes it impossible to effectively and promptly verify the legality of limiting the constitutional right of a person to freedom at the trial stage.

The impossibility of appealing against the court order to extend the detention period creates conditions under which a false decision of the court of first instance, valid for a long time, may lead to serious inevitable consequences for the person in the form of an unjustified restriction of his constitutional right to freedom.

 

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