Judicial decisions taken on the basis of a law or provision subsequently found unconstitutional can not remain in force. Regardless of whether they are fulfilled or not.
Valeriy Pysarenko, Member of Ukrainian Parliament, proposes to correct this mistake in the process of reform. His project "On Amendments to Procedural Codes Relating to the Restoration of Citizens' Constitutional Rights to a Fair Trial" (No. 8620) removes the condition under which the decision of the Constitutional Court is an exclusive basis for reviewing a court decision only if it is not fulfilled by that time.
"The decision of the European Court of Human Rights requires the state to restitutio in integrum, that is, to update the initial state that existed before the violation established by the court, the same approach should be applied to decisions of the Constitutional Court of Ukraine, which establish unconstitutionality of the provisions of the laws of Ukraine, rights and freedoms, in particular, the right of Ukrainians to a fair trial, which can not be considered a court decision made on the basis of unconstitutional norms", - the author says.
Therefore, Valeriy Pysarenko proposes to amend the Civil Procedure Code, the Code of Administrative Proceedings and the Economic Procedural Code of Ukraine and correct the error so that the appeal to the Constitutional Court with the constitutional complaint would not lose its meaning