Constitutional Court of Ukraine

From Wikipedia, the free encyclopedia
Constitutional Court of Ukraine (Конституційний Суд України)
Emblem of the Constitutional Court of Ukraine.gif
Established1992; acts since 1996
Location14 Zhylianska St, Kyiv[1]
Composition methodPresidential, Parliamentary and Congress of Judges nomination
Authorized byUkrainian Constitution
Judge term length9; prohibited if aged 65
Number of positions18 (assigned by President, Parliament, Congress of Judges; 6 each)
WebsiteOfficial website
Chairman
Currently [uk][2]
Since17 September 2019[2] (on 29 December 2020 Tupytskyi was suspended for two months,[3] on 27 March 2021 the May 2013 decree appointing Tupytskyi a judge of the Constitutional Court of Ukraine was annulled[4])
Deputy Chairman
CurrentlySerhiy Holovaty[2]
Since17 September 2019[2]
Politics of Ukraine
Lesser Coat of Arms of Ukraine.svg
Constitution
Presidency
Executive
Legislature
Judiciary
Local government
Elections
Foreign relations
See also
Flag of Ukraine.svg Ukraine portal
  • Other countries
  • v
  • t

The Constitutional Court of Ukraine (Ukrainian: Конституційний Суд України) is the sole body of constitutional jurisdiction in Ukraine. The Constitutional Court of Ukraine interprets the Constitution of Ukraine in terms of laws and other legal acts.

The Court initiated its activity on October 18, 1996. The first Court ruling was made on May 13, 1997.

On urgent matters the Constitutional Court rules within weeks, but on matters deemed less urgent it can take months.[5]

Decisions of the Constitutional Court are binding, final, and cannot be appealed.[6]

Mission and authority[]

In 2016, access to the Constitutional Court was significantly broadened.[7] Since then all individuals and companies where there are grounds to claim that a final court judgment contradicts the Constitution can file a complaint at the court.[7] (Prior only the President and a member of parliament had the right to appeal to the Constitutional Court.[8]) A complaint may only be filed after all other remedies have been exhausted in the regular Ukrainian courts.[7]

The amended Constitution of Ukraine now provides for access to the Constitutional Court of Ukraine to all individuals and companies where there are grounds to claim that a final court judgment contradicts the Constitution. A complaint may only be filed after all other remedies have been exhausted in the regular Ukrainian courts.

The authority of the Constitutional Court is derived from Ukraine's Constitution - Chapter XII

The Court:

  • on the appeal of the President, no less than 45 members of the parliament, the Supreme Court of Ukraine, the Ombudsman, or the Crimean parliament, assesses the constitutionality of:
  • officially interprets the Constitution and laws of Ukraine
  • on the appeal of the President or the Cabinet, provides opinions on the conformity with the Constitution of international treaties
  • on the appeal of the parliament, provides an opinion on the observance of the procedure of impeachment of the President
  • provides an opinion on the compliance of a bill on introducing amendments to the Constitution with the restrictions imposed by the Constitution.

The Court's rulings are mandatory for execution in Ukraine, are final and cannot be appealed.[6] Laws and other legal acts, or their separate provisions, that are deemed unconstitutional, lose legal force.

Structure[]

The Court is composed of 18 judges, appointed in equal shares by the President, the parliament, and the Congress of Judges.

A judge must be a citizen of Ukraine and must have:

  • attained the age of forty;
  • a higher legal education and professional experience of no less than 10 years;
  • resided in Ukraine for the last twenty years;
  • command of the state language (Ukrainian language)

Judges are appointed for 9 years without the right of reappointment; moreover each judge is obligated to retire at the age of 65 if this age comes before the end of the 9-year period. The President and parliament are required to fill a vacant position within one month and the Congress of judges has three months to do so. But the appointment comes into effect only after oath of the new judge in the parliament; therefore sometimes it is a problem to become a judge of the Constitutional Court if many members of parliament do not want this (for example, they can physically disturb to hold a meeting of the parliament, that is usual in Ukraine).

The Chairman of the Court is elected by secret ballot for a single three-year term from and by the members of the Court.

Controversies[]

On 29 December 1999 the Court interpreted the Constitution as unconditionally ruling out capital punishment; this is the date when Ukraine de jure abolished capital punishment after a long period of a de facto moratorium.[9]

In the 2000s attempts to bribe and blackmail Constitutional Court judges in order to get a favourable ruling were reported.[10][11][12][13]

On 14 November 2001 the Court outlawed the institution of propiska.[14]

On 25 December 2003 the Court allowed Leonid Kuchma to run for presidency for the third time; Kuchma chose not to run for re-election.[15]

Amidst the 2007 Ukrainian political crisis, on 30 April 2007, on the eve of the Constitutional Court's ruling on the legality of the president's decree dismissing Ukraine's parliament, President Yushchenko, in defiance of the PACE resolution of April 19 intervened in the operation of Ukraine's Constitutional Court by summarily dismissing two Constitutional Court Judges, and Valeriy Pshenychnyy, for allegations of "oath treason."[16] His move was later overturned by the Constitutional Court and the judges were returned by a temporary restraining order issued by the court.[17] On May 16, Viktor Yushchenko, for a second time, issued another decree dismissing the two Constitutional Court Judges and Valeriy Pshenychnyy.[18] On May 17, the Constitutional Court Chairman Ivan Dombrovskyy resigned and was replaced by Valeriy Pshenychnyy. On May 23, The Constitutional Court of Ukraine acted to prevent the president's undue influence on the court system.[19] The court's ruling was made after Viktor Yushchenko was accused of unduly seeing to influence the court by illegally firing two Constitutional Court judges Valeriy Pshenychnyy and for allegations of "oath treason.".[16] On July 20, won an appeal against the President in the Shevchenko district court of Kyiv. The Court ruled the President's actions illegal and reinstated Ms Stanik's entitlement as a member of Ukraine's Constitutional Court. According to the ruling, the President is obliged to cancel his decree on discharge of Mrs. Stanik.."[20] The other two judges who were also illegally dismissed had previously tendered their resignations and as such were not subject to the courts order. Following the president's intervention the Constitutional Court still has not ruled on the question of legality of the president's actions. On 25 March 2008 Ukraine's Supreme Administrative Court ruled the President's dismissal of Syuzanna Stanik as a Constitutional Court judge illegal. Ms Stanik's position has been reinstated. The decision is final and not subject to further appeal [21] On 3 April 2008 Stanik was dismissed from the Court by the order of the President.[22] On April 28, 2010, President Viktor Yanukovych reinstated Stanik as Constitutional Court judge.[23] She resigned the next day.[24]

On 1 October 2010 the Court determined the 2004 amendments to the Constitution of Ukraine unconstitutional, repealing them.[25] On February 21, 2014 parliament passed a law that reinstated these December 2004 amendments (of the constitution).[26]

On 27 October 2020 the court decision to repeal Article 366-1 of the Criminal Code of Ukraine, which had provided for liability for inaccurate declaration of assets by government officials pushed Ukraine into the 2020 Ukrainian constitutional crisis.[3] This decision de facto invalidated much of Ukraine's 2014 anti-corruption reform as unconstitutional.[27][28] On 29 December 2020 President Volodymyr Zelensky suspended the courts chairperson  [uk] for two months in an effort to end the crisis.[3] On 26 February 2021 President Zelensky signed a decree that suspended chairperson Tupytskyi for another month.[29] On 27 March 2021 Zelensky annulled the decree of former President Viktor Yanukovych of May 2013, appointing Oleksandr Tupytskyi a judge of the Constitutional Court of Ukraine.[4] The reason given was that allegedly his tenure did "pose a threat to state independence and national security of Ukraine, which violates the Constitution of Ukraine, human and civil rights and freedoms."[4]

Membership[]

List of judges[]

Constitutional Court in Kyiv
  • President's quota:
    • Volodymyr Kampo (Володимир Михайлович Кампо) since August 4, 2006
    • Dmytro Lylak (Дмитро Дмитрович Лилак) since August 4, 2006
    • Viktor Shyshkin (Віктор Іванович Шишкін) since August 4, 2006
    • Yurij Baulin (Юрій Васильович Баулін) since June 3, 2007
    • Sergij Vdovichenko (Вдовіченко Сергій Леонідович) since June 3, 2007
    • Yurij Nikitin (Юрій Іванович Нікітін) since June 3, 2007
  • Parliament's quota:

Dismissed in 2014[30]

  • Congress of judges' quota:
    • Vasyl Bryntsev (Василь Дмитрович Бринцев) since August 4, 2006
    • Vyacheslav Dzhun' (В’ячеслав Васильович Джунь) since August 4, 2006
    • Anatoliy Didkivskyy (Анатолій Олександрович Дідківський) since August 4, 2006
    • Ivan Dombrovskyy (Іван Петрович Домбровський) since August 4, 2006;
    • Yaroslava Machuzhak (Ярослава Василівна Мачужак) since August 4, 2006
    • Andriy Stryzhak (Андрій Андрійович Стрижак) since August 4, 2006 (appointed to the court in 2004, but not sworn in until 2006[31])

Chairpersons[]

On 29 December 2020 President Volodymyr Zelensky suspended Tupytskyi for two months in an effort to end the 2020 Ukrainian constitutional crisis.[3]

See also[]

References[]

  1. ^ "Official website of the authority". 2017.
  2. ^ Jump up to: a b c d e Ukraine's Constitutional Court elects new chairman, Ukrinform (18 September 2019)
  3. ^ Jump up to: a b c d Zelensky suspends Constitutional Court chair for two months, UNIAN (29 December 2020)
  4. ^ Jump up to: a b c Zelensky annuls Yanukovych's decree appointing Tupytsky as judge of Constitutional Court, UNIAN (27 March 2021)
    Zelensky cancels decrees on appointment of Tupytsky, Kasminin as Constitutional Court judges, Ukrinform (27 March 2021)
    Decisions on Tupytsky, Kasminin are result of audit of Yanukovych's decrees, these persons can now retire – Zelensky, Interfax-Ukraine (27 March 2021)
    (in Ukrainian) Zelensky revoked Yanukovych's decree appointing Tupytsky a judge of the CCU, Ukrayinska Pravda (27 March 2021)
  5. ^ Yanukovych to call vote if coalition ruled illegal, Kyiv Post (1 March 2010)
  6. ^ Jump up to: a b Transparency International: Constitutional Court ruling ‘undermines anti-corruption achievements in Ukraine’, Kyiv Post (2 March 2019)
  7. ^ Jump up to: a b c Amendments to the Constitution of Ukraine passed: Ukraine takes a major step towards a European System of Justice, (9 June 2016)
  8. ^ Ukraine launches new Supreme Court to deepen judicial reform, Xinhuanet (15 December 2017)
  9. ^ "Рішення Конституційного Суду України у справі за конституційним поданням 51 народного депутата України щодо відповідності Конституції України (конституційнос) положень статей 24, 58, 59, 60, 93, 190-1 Кримінального кодексу України в частині, що передбачає смертну кару як вид покарання (справа про смертну кару)". zakon.rada.gov.ua. Retrieved 2018-12-25.
  10. ^ Tymoshenko: Yanukovych entourage aims at recognizing legitimacy of coalition before president's trip to U.S., Kyiv Post (March 29, 2010)
  11. ^ How Ukraine Became a Market Economy and Democracy by Anders Åslund, Peterson Institute for International Economics, 2009, ISBN 978-0-88132-427-3 (page 219)
  12. ^ Yanukovych allies: Tymoshenko trying to pressure court, Kyiv Post (March 30, 2010)
  13. ^ Yulia Tymoshenko: pressure from the authorities won't force me to change my position Archived 2012-09-15 at archive.today, Official website of Yulia Tymoshenko (April 7, 2010)
  14. ^ "Рішення Конституційного Суду України у справі за конституційним поданням 48 народних депутатів України щодо відповідності Конституції України (конституційності) положення підпункту 1 пункту 4 Положення про паспортну службу органів внутрішніх справ, затвердженого постановою Кабінету Міністрів України (справа щодо прописки)". zakon.rada.gov.ua. Retrieved 2018-12-25.
  15. ^ "Рішення Конституційного Суду України у справі за конституційними поданнями 53 і 47 народних депутатів України про офіційне тлумачення положення частини треть..." zakon.rada.gov.ua. Retrieved 2018-12-25.
  16. ^ Jump up to: a b "Yushchenko dismissed CCU judges". for-ua. Archived from the original on September 29, 2007. Retrieved 2006-05-17.
  17. ^ "Stanik and Pshenychnyy returned to CC". Korrespondent. 2007-05-17.
  18. ^ "Stanik and Pshenychnyy again became ex-judges of Constitutional Court". Korrespondent. May 16, 2007. Archived from the original on May 18, 2007. Retrieved 2006-05-17.
  19. ^ "Constitutional Court of Ukraine restricts president's influence on courts". Ukrainian National Radio. 2007-05-23. Archived from the original on 2007-09-28.
  20. ^ "Stanik Back Into the CC". Archived from the original on 2007-09-30. Retrieved 2006-07-20.
  21. ^ "Supreme Court Restores Stanik As Constitutional Court Judge". Ukrainian News agency. 2008-03-27. Archived from the original on 2008-05-09.
  22. ^ Order of the President of Ukraine № 297/2008 Archived 2008-04-06 at the Wayback Machine (in Ukrainian)
  23. ^ Yanukovych reinstates Stanik as Constitutional Court judge, Kyiv Post (April 28, 2010)
  24. ^ Yanukovych dismisses Stanik as Constitutional Court judge, Kyiv Post (April 29, 2010)
  25. ^ "Archived copy". Archived from the original on 2012-03-26. Retrieved 2014-03-11.CS1 maint: archived copy as title (link)
  26. ^ Ukrainian parliament reinstates 2004 Constitution, Interfax-Ukraine (21 February 2014)
  27. ^ "Ukraine caught between constitutional crisis and counter-revolution". Atlantic Council. 5 November 2020. Retrieved 8 December 2020.
  28. ^ "Ukraine's constitutional court attacks anti-corruption laws". The Economist. 14 November 2020. Retrieved 8 December 2020.
  29. ^ (in Ukrainian) Zelensky suspended the head of the Constitutional Court for another month, Ukrayinska Pravda (26 February 2021)
  30. ^ http://www.kyivpost.com/article/content/ukraine/rada-dismisses-constitutional-court-judges-appointed-from-its-quota-337523.html
  31. ^ Fate of nation in hands of Constitutional Court, Kyiv Post (August 17, 2006)
  32. ^ Passed away Pavlo Borysovych Yevhrafov (ушел из жизни Павел Борисович Евграфов). Simferopol City College of Attorneys. 9 November 2015
  33. ^ [1]
  34. ^ Нова глава очолюватиме Конституційний суд лише до кінця літа. www.unian.ua (in Ukrainian). Retrieved 2019-05-14.

External links[]

Coordinates: 50°26′03″N 30°30′51″E / 50.43417°N 30.51417°E / 50.43417; 30.51417

Retrieved from ""