The Constitutional Court adopted a decision in the case upon the constitutional petition of the Supreme Court on the judiciary and status of judges

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The Constitutional Court adopted a decision in the case
upon the constitutional petition of the Supreme Court on the judiciary and status of judges

 

On March 11, 2020, the Constitutional Court of Ukraine adopted the Decision No. 4-r/2020 in the case upon the constitutional petition of the Supreme Court regarding the conformity of the specific provisions of the laws of Ukraine “On Judiciary and Status of Judges” No. 1402-VIII dated June 2, 2016, “On Amendments to the Law of Ukraine “On the Judiciary and Status of Judges” and Some Laws of Ukraine on the Activity of Judicial Governance Bodies” No. 193–IX dated October 16, 2019, “On the High Council of Justice” No. 1798–VIII dated December 21, 2016.

Following the review of the disputed provisions, the Constitutional Court of Ukraine declared as such that do not comply with the Constitution of Ukraine (are unconstitutional) Articles 37.1, 94.1, 135.3.3 of the Law of Ukraine “On the Judiciary and Status of Judges” No. 1402-VIII dated June 2, 2016, as amended by the Law of Ukraine “On Amendments to the Law of Ukraine “On the Judiciary and Status of Judges” and Some Laws of Ukraine on the Activity of Judicial Governance Bodies” No. 193-IX dated October 16, 2019, paragraphs 4, 5, 6, 7, 9, 10 of Section II “Final and Transitional Provisions” of the Law of Ukraine “On Amendments to the Law of Ukraine “On the Judiciary and Status of Judges” and Some Laws of Ukraine on the Activity of Judicial Governance Bodies” No. 193-IX dated October 16, 2019, Articles 24.3, 28¹, 31.8, 42.1, 47.3, 48.4 of the Law of Ukraine “On the High Council of Justice” No. 1798-VIII dated December 21, 2016 as amended by the Law of Ukraine “On Amendments to the Law of Ukraine “On the Judiciary and the Status of Judges” and Some Laws of Ukraine on the Activity of Judicial Governance Bodies” No. 193-IX dated October 16, 2019.

The Constitutional Court of Ukraine terminated the proceedings in the case in the part of reviewing the conformity of paragraphs two, four of Article 24 of the Law of Ukraine “On the High Council of Justice” No.1798 – VIII dated December 21, 2016 with the Constitution of Ukraine (constitutionality).

In addition, pursuant to Article 97.1 of the Law of Ukraine “On the Constitutional Court of Ukraine”, the Constitutional Court of Ukraine established the procedure for its implementation in the Decision and recommended the Verkhovna Rada of Ukraine to immediately bring the provisions of the legislation of Ukraine in line with this Decision.

Developed with the support of OSCE Project Co-ordinator in Ukraine
© 2020 Constitutional Court of Ukraine