Stanislav Shevchuk: "The European orientation of the development of the state is not only an issue of EU membership, but above all,
the issue of the identity of the Ukrainian people"
On December 12, 2018 the Chairman of the Constitutional Court of Ukraine Stanislav Shevchuk held a meeting with the Special Advisor of the Secretary General of the Council of Europe for Ukraine Régis Brillat at the Constitutional Court of Ukraine.
The meeting was also attended by Seniour political advisor of the Special Advisor of the Secretary General of the Council of Europe for Ukraine Oksana Pasheniuk.
At the beginning of the meeting, the Chairman of the Constitutional Court of Ukraine Stanislav Shevchuk expressed his sympathy to the French people in view of the events that took place in Strasbourg on December 11, 2018.
Stanislav Shevchuk dwelt upon the fact that protection of human rights is a priority for the Constitutional Court of Ukraine. The Chairman of the Constitutional Court of Ukraine stressed the positive changes in the constitutional justice system of the state, reflected in the decisions adopted by the Constitutional Court of Ukraine. In this context, the Decision of the Constitutional Court of Ukraine, whereby the Court declared unconstitutional the provisions of Articles 294.1 and Article 326 of the Code of Ukraine on Administrative Offenses, is of great interest. In fact, the Constitutional Court declared unconstitutional the immediate enforcement of the decisions of local courts on the imposition of a penalty in the form of administrative arrest and restriction of the right to appeal against such decisions. In its decision, the Court points out that the contested provisions of the Code reduce the effectiveness of the judicial protection at the stage of appeal review of cases of administrative offenses for which an administrative arrest was imposed narrowing the content of rights guaranteed by Articles 8.3, 55.1, 55.2, 129.2.8 of the Fundamental Law of Ukraine.
Another important human rights case is the Decision on unconstitutionality of Article 216.6 of the Criminal Procedure Code of Ukraine, whereby the Constitutional Court of Ukraine has banned the Ministry of Justice of Ukraine to investigate crimes committed within the system. The Court’s Chairman noted that in this decision the Constitutional Court had held that in addition to the State's negative obligation not to violate human rights, there is also a positive obligation to protect human rights, in particular through effective and independent investigation.
The Chairman of the Court drew attention to the decisions of the Constitutional Court, in which the Court declared unconstitutional the laws as a whole due to the violation of the procedure for their consideration and adoption, in particular, the "language" law and the law on the referendum. Thus, the Chairman of the Court noted that the Law of Ukraine "On Referendum" was an instrument of usurpation of power, which, in his opinion, is inadmissible in a constitutional state.
According to Stanislav Shevchuk, there is a crucial opinion on the state strategic course of Ukraine to full membership in the European Union and the North Atlantic Treaty Organization. "The European orientation of the development of the state is not only an issue of EU membership, but above all, the issue of the identity of the Ukrainian people, that means the way for the state to move on", the speaker stressed.
According to the Chairman of the Court, the most important issues facing the Constitutional Court of Ukraine are the issues of protection of social rights, constitutionality of certain provisions of the Criminal Procedure Code of Ukraine and protection of the right to appeal.
As an example, Stanislav Shevchuk spoke about the Decision whereby the Constitutional Court of Ukraine restored social guarantees to victims of the Chornobyl catastrophe. The Decision states that benefits, compensations and guarantees are a special form of compensation for damage to this category of citizens, and therefore the abolition or restriction of these benefits, and the reduction of their social security, in fact, is a state's refusal to fulfill its obligations under the Constitution of Ukraine.
As the speaker noted, the Constitutional Court of Ukraine shares the benefits provided by the Constitution of Ukraine and laws. "The state may adjust its payments depending on the financial capacity, but the benefits, compensations and guarantees provided for by the Constitution of Ukraine cannot be abolished by laws," he emphasised.
Special Advisor of the Secretary General of the Council of Europe for Ukraine Régis Brillat expressed gratitude to the Chairman of the Constitutional Court of Ukraine for the solidarity in view of the events that took place in Strasbourg and noted that the situation remains tense. "It was a shock to all of us," he added.
Régis Brillat noted that the decisions of the Constitutional Court of Ukraine are really important, especially in the area of human rights protection. "The priorities of the Constitutional Court of Ukraine are interwoven with the principles of work of the Council of Europe," the speaker stressed. In the opinion of the visitor, the decisions in cases on social issues are of great interest. "Protection of social rights is an important task, especially in the difficult times that Ukraine is experiencing today," he added.
At the end of the meeting, the interlocutors highlighted fruitful cooperation between the Constitutional Court of Ukraine and the Council of Europe, thanked each other for an interesting meeting and expressed hope for further cooperation.
