PRESS-SERVICE
of CONSTITUTIONAL COURT of UKRAINE
01033, Kyiv, Zhilyanska, 14
tel. 238-10-80, 238-11-38
fax. 287-36-16
Chairman of the Constitutional Court of Ukraine Yurii Baulin met with the delegation of the Venice Commission of the Council of Europe
Yurii Baulin informed the interlocutors about the constitutional petitions submitted to the Constitutional Court of Ukraine by various entities regarding legislation on the renewal of power which is sensitive for the society. In particular, the Chairman of the Constitutional Court of Ukraine noted that the Court received the constitutional petitions from the Supreme Court of Ukraine and 47 People’s Deputies of Ukraine on the constitutionality, and from the Foreign Intelligence Service of Ukraine concerning the interpretation of certain provisions of the Law of Ukraine “On Government Cleansing” dated September 16, 2014. Currently, these petitions are being examined by the Court’s Collegia pursuant to the Law of Ukraine “On the Constitutional Court of Ukraine” and the Rules of Procedure of the Constitutional Court of Ukraine.
In this regard Gianni Buquicchio reminded that last December, the Venice Commission adopted an interim opinion on the Law “On Government Cleansing” and reached agreement with the Ukrainian authorities to provide expert assistance for revision and improvement of the legislation on lustration. In this context, the parties discussed possible directions of the expertise assistance, which could offer the Venice Commission during the reform of other elements of the legal system. The President of the Venice Commission noted that experts’ assistance is most effective and efficient in the case, when provided at the stage of elaboration of this or that legislative act, but not after it has been approved.
Much attention was paid to the problem of differentiation of the competence between the Constitutional Court of Ukraine and the Supreme Court of Ukraine. In Gianni Buquicchio’s opinion, the problem of jurisdiction really exists in the countries of new democracy, in which both constitutional and supreme courts are functioning. He noted that the Constitutional Court of Ukraine should not be considered as a part of the judiciary as long as it is an independent jurisdiction. Problems of differentiation of jurisdiction should disappear with the growth of legal awareness and maturity of democracy in the country. Within the state, as the President of the Venice Commission noted, the courts should strictly comply with their authorities.
Interlocutors also dwelt upon criminal proceedings against the judges of the Constitutional Court of Ukraine initiated by the Prosecutor General's Office pursuant to the Resolution of the Verkhovna Rada of Ukraine № 775-VII “On Reaction to the Fact of Breaking an Oath of a Judge by Judges of the Constitutional Court of Ukraine” dated February 24, 2014. In this regard, Gianni Buquicchio emphasised that when adopting decisions judges of the Constitutional Court of Ukraine lean on the Constitution and laws of Ukraine, as well as on their own legal position, legal awareness and legal experience, and therefore can not be dismissed, moreover they can not be brought to criminal liability for their position expressed in the decision. Criminal prosecution is possible only if there are concrete evidence and facts of violation of the criminal law by a judge, including corruption component, said the President of the Venice Commission.
During the meeting Yurii Baulin also informed the delegation about the latest developments regarding the draft-laws on judicial reform related, in particular to the procedure and organisation of the activities of the Constitutional Court of Ukraine, elimination of the immunity of judges and other proposals.
