VALERIY PYSARENKO

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Verkhovan Rada of Ukraine determined how to faster introduce constitutional claims in Ukraine

27.04.2017

Similar legal consequences of decision on constitutional claim and application, three months for their consideration in general procedure and competitive selection of judges of Constitutional Court on representation of the members of the Parliament and coordination of steering committee of Verkhovna Rada.

These are the main provisions of the Act of Ukraine 6406 “On Amending Certain Legislative Acts of Ukraine Concerning the Conformity of the activity of Constitutional Court of Ukraine with the Constitution of Ukraine”, which was introduced to Verkovna Rada by the member of the Parliament Valeriy Pysarenko.

As it is known, on April, 11 Verkhovna Rada of Ukraine rejected new draft act “On Constitutional Court of Ukraine, which was an integral part of ongoing judicial reform”. Thus, introduction of the institute of constitutional claim is being postponed until at least fall this year. 87 claims were already submitted to Constitutional Court and are waiting for introduction.

The main goal of the bill  6406 is to establish standard mechanism for consideration of claims by judges of Constitutional Court.

According to provisions of the bill, written petition on verification of compliance with Constitution of Ukraine (constitutionality) Act of Ukraine (its particular provisions), which is applied in the final judgment in the case of the subject of the right to constitutional complaint - is defined as a constitutional complaint.

Subject of the right to such a complaint is a person who believes that the law of Ukraine (or its individual provisions) applied in the final judicial decision is contrary to the Constitution.

Person who is entitled to submit such claim is a person, who believes that adopted in a final judgment Act of Ukraine (or its particular provisions) are not compliant with the Constitution. Persons who are not entitled to submit constitutional claim are legal entities of public law. It is suggested to consider constitutional claims according to standard procedure. The issue of commencement of proceeding on cases under constitutional claims should be decided by the panel of judges of Constitutional Court of Ukraine.

In case of commencement of a proceeding, consideration of cases shall be implemented on Court a plenary session that is considered as plenipotentiary if consists of no less than 12 judges. Decision will be adopted if no less than 10 judges vote in favor.

“Workload of judges will not be increased, as the majority of cases on consideration of constitutional claims of physical persons and entities regarding interpretation of Constitution and Acts of Ukraine will disappear. Certainly, with introduction of the institute of constitutional claim the amount of claims will increase as it was with petitions, but eventually the situation will be stabilized”, – says the author of the project.

Besides, the result of constitutional claim can be the adoption of the Act as non-constitutional (fully or partially), i.e. according to the results of consideration, the result is similar to consideration of constitutional application. Given the above, procedure of consideration of such cases should be the same regardless of the subject of application.

The bill establishes a deadline for proceeding on cases on constitutional claims, which should not exceed three months.

The bill also introduces competitive selection of candidates for the post of judges to the Constitutional Court. Selection of candidates shall be implemented by competition committee, established by the President, Verkhovna Rada, congress of judges and during the period between congresses - by the Council of judges of Ukraine.
According to appointment system for judges of Constitutional Court, selection of such candidates will be implemented on a competitive basis by the steering committee of Verkhovna Rada.

Meanwhile, deputy fractions, groups of non-affiliated deputies with no less than a size of the smallest deputy group will have the right to submit applications.

Then, the committee of Verkhovna Rada considers application of a person who applied to the position of judge of Constitutional Court and documents, submitted along with proposals of deputy fractions (deputy groups) and submits recommendations with conclusions for each candidate to Verkhovna Rada for consideration.

A candidate, who received the majority of votes of people deputies from Constitutional composition of Verkhovna Rada is considered as appointed to the position of judge of Constitutional Court of Ukraine.

In case if two or more candidates have the same number of votes, repeated voting for these candidates should be conducted. Decision on appointment for the position of a judge of Constitutional court of Ukraine should be formalized by the relevant decision of Verkhovna Rada.

"The Concept “to put within limits of the existing law” will make it possible to introduce the institute of constitutional claim in Ukraine in the nearest future", - said Valeriy Pysarenko.

“I hope for immediate consideration of this draft act by Verkhovna Rada . This Act will allow Ukrainians to exercise their constitutional right to address with a constitutional complaint to the Constitutional court of Ukraine”, - said Valeriy Pysarenko.

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