March 4, 2022
Bureau of the World Conference on Constitutional Justice
Secretariat of the World Conference on Constitutional Justice
On these days it is exactly eight years since the Moscow state has committed an act of aggression against Ukraine firstly: in late February 2014, Russia illegally annexed Crimea and the city of Sevastopol as inseparable parts of Ukraine, thus having committed a crime under international law.
At that time, the Constitutional Court of the Russian Federation joined that action as a violation of state sovereignty and territorial integrity of Ukraine having adopted the Resolution of March 19, 2014 No. 6-P as a legal instrument to justify the crime committed by the Russian Federation. Afterwards, this action of the Constitutional Court of the Russian Federation was condemned by the presidents of the Constitutional Courts of Ukraine, Lithuania, Poland, Moldova, Georgia and Cyprus in the framework of the Conference of European Constitutional Courts (Joint Statement on Observance of Territorial Integrity and International Law in the Implementation of Constitutional Justice, Batumi, September 10, 2015).
By this act, the Constitutional Court of the Russian Federation gave the green light to the leadership of the Moscow state for further acts of aggression against Ukraine, what eight years later has become a reality. Thus, next act of aggression against Ukraine took place when Russia has recognised independence of self-proclaimed “republics” in uncontrolled by the Ukrainian authorities parts of Donetsk and Luhansk regions (oblasts) of Ukraine. Further violation of the state sovereignty and territorial integrity of Ukraine has happened when Russia launched a wide-scale Russian attack on Ukraine on February 24, 2022.
Nowadays, the Moscow state is not only an aggressor state, but also a terrorist state. It is obvious that the military attack of the Russian Federation against Ukraine is not only still under way but also is aggravating. As a result of this act which is a crime under international law, over 2.000 of completely innocent civilians including the elderly and children perished not to mention militarymen. These are the consequences of the terrorist state's behaviour.
However, the Moscow state is not the only one waging war in Ukraine. The Republic of Belarus, being a political and military satellite of the Russian Federation, is assisting in deploying Russian troops and armament on its own territory, thus contributing to the achievement of Russia’s goal to conquer Ukraine.
Starting from the very first day of a new stage of Russia's war against Ukraine - February 24, 2022 - directly from the territory of the Republic of Belarus, in violation of international humanitarian law during hostilities, missiles have been systematically fired at Ukraine’s military and civilian targets, resulting in mass casualties.
The Constitutional Court of the Republic of Belarus is an element of the whole system of public authorities of this state, which decisions, acts and inaction in violation of universally accepted principles of international law provide for direct assistance to the armed aggression against Ukraine from the territory of the Republic of Belarus. Taking into account the above and guided by the current legislation of Ukraine, the Constitutional Court of Ukraine by its Resolution of March 2, 2022 No.3-p/2022 terminated the Memorandum of Cooperation between the Constitutional Court of Ukraine and the Constitutional Court of Belarus of July 22, 2008.
Founding on the fact that the goal for establishing bodies of constitutional control on any continent of our world is to ensure not only the supremacy of the constitution and its direct effect on the territory of the relevant state, but first and foremost to ensure compliance of the state action with the requirements of the fundamental law, promotion of the ideals of rule of law and human rights, I consider that further membership of these courts in the World Conference on Constitutional Justice is no longer acceptable in the light of the objectives of the Conference as they are set out in Article 1 of its Statute. Therefore, I apply to you with the purpose to consider the matter of suspending the membership of the Constitutional Court of the Russian Federation and the Constitutional Court of the Republic of Belarus in the World Conference on Constitutional Justice in accordance with Article 9 of the Statute of the Conference.
The acts of aggression and the massacres which are results of them should not remain unpunished.
Acting Chairman
of the Constitutional Court of Ukraine
(signed)
Serhiy HOLOVATY
