The Constitutional Court does not want to “move” to Kharkov



Bill 3300 amending the Law on the Constitutional Court provides for the limitation of constitutional rights.

This is stated in the statement, which is published on the website of the Constitutional Court.

“The Constitutional Court of Ukraine is studying the text of Bill No. 3300 registered with the Verkhovna Rada on amendments to the law” On the Constitutional Court of Ukraine “in terms of strengthening the independence and functioning of the body of constitutional jurisdiction. Preliminary analysis has shown that this bill does not take into account the comprehensive approach of the proposals of the Constitutional Court of Ukraine submitted to Parliament, but there are significant restrictions on certain constitutional rights “, declaration.

The Court recalled that during the judicial reform of 2016, amendments to the Basic Law granted the Constitutional Court special status, because of its exclusive role in guaranteeing the supremacy of the Constitution.

Subsequently, in 2017, the Law “On the Constitutional Court of Ukraine” was adopted, which notably introduced the introduction of a constitutional complaint.

Subsequently, these legislative changes, noted before the Constitutional Court, were positively assessed by the Venice Commission.

See also: Transferring KSU to Kharkov is expensive and inexpensive – lawyers

The Constitutional Court recalled that the Court, on its own initiative, had transferred to BP in 2019, with a view to the adoption of legislative changes, a set of systemic developments aimed at improving the implementation of the reform adopted in the practice.

“At the same time, the promulgated text of the bill No. 3300 on amendments to the law” on the Constitutional Court of Ukraine “does not take into account the proposals of the Constitutional Court, but there are significant restrictions to certain constitutional rights, “the statement said.

“The Constitutional Court does not approve attempts at unjustified legislative changes likely to aggravate human rights in Ukraine and insists that these changes be taken with caution and reasonably, after professional discussions involving experts, including Venice Commission experts, as the Council has repeatedly stressed. Europe, “added the court.

The Constitutional Court notes that the question of amending the law “On the Constitutional Court of Ukraine” should, first of all, initiate the Verkhovna Rada Commission on Legal Policy with relevant developments.

“Such a decision should be subject to the protection of human rights and freedoms, including of legal persons, which derives from the Constitution and from the decisions of the Constitutional Court of Ukraine,” concluded the court.

As noted, the text of the Bill << portant modification de la loi ukrainienne >> on the Constitutional Court of Ukraine << pour renforcer l'indépendance et accroître l'efficacité du fonctionnement de la Cour constitutionnelle d'Ukraine >> appeared on the website of the Verkhovna Rada, which proposes in particular to transfer the Constitutional Court to Kharkov.

The document was recorded on April 3 by Galina Tretyakova, chair of the parliamentary committee on social policy and protection of the rights of veterans (a faction of the Servant of the People party).

The explanatory note notes that an important element of the institutional independence of the KCU should be considered as its territorial distance from other higher organs of state power.

Germany and Slovakia are examples, where constitutional courts are located in capitals.

The bill also proposes to remove legal persons from the entities which have the right to lodge a constitutional complaint with the Constitutional Court.

In addition, the KSU judges want to force them to go on vacation at the same time.

KSU since its creation in 1996, is located in a building on Zhilyanskaya Street in Kiev.


According to the materials:

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