Constitutional Court of Ukraine

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The Constitutional Court of Ukraine (Ukrainian: Конституційний Суд України) is the sole body of constitutional jurisdiction in Ukraine. The Constitutional Court of Ukraine decides on issues of conformity of laws and other legal acts with the Constitution of Ukraine and provides the official interpretation of the Constitution of Ukraine and the laws of Ukraine.

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

Contents

[edit] Mission and authority

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. Laws and other legal acts, or their separate provisions, that are deemed unconstitutional, lose legal force.

[edit] 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

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. The current Chairman, Andriy Stryzhak, was appointed on July 10, 2007 following the resignation of Ivan Dombrovskyy.

[edit] List of judges

Constitutional Court in Kiev
Constitutional Court in Kiev
  • 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

There are three additional vacant positions in the President's quota waiting approval by Ukraine's parliament before the new judges are able to swear the oath of office.

  • Parliament's quota:
    • Pavlo Tkachuk (Павло Миколайович Ткачук) since July, 2002
    • Anatoliy Holovin (Анатолій Сергійович Головін) since August 4, 2006
    • Mykhaylo Kolos (Михайло Іванович Колос) since August 4, 2006
    • Mariya Markush (Марія Андріївна Маркуш) since August 4, 2006
    • Vyacheslav Ovcharenko (В’ячеслав Андрійович Овчаренко) since August 4, 2006
    • Petro Stetsyuk (Петро Богданович Стецюк) since August 4, 2006
  • 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

By the order of the President of Ukraine, Syuzanna Stanik (Сюзанна Романівна Станік) was dismissed from the Court on April 3rd, 2008.[1] She was a member of the Court since March 25, 2004 by President's quota. Stanik was initially dismissed by the by Ukraine's president on April 29 2007 and later returned by temporary restraining order issued by the Kyiv District court on July 18, 2007. The decision of the Kyiv court was subject to an appeal. On March 25, 2008 Ukraine's Supreme Administrative Court ruled the President's dismissal of Suzanna Stanik illegal. Ms. Stanek's position as a Constitutional Court judge has been reinstated.[2]

[edit] Parliamentary Assembly of the Council or Europe

[edit] Ukrainian Parliamentary Election, 2007

Associated main article: Ukrainian parliamentary election, 2007

On April 19 the Parliamentary Assembly of the Council of Europe passed a resolution in consideration of a report titled Functioning of democratic institutions in Ukraine. (Items 13 and 14) [3] stated:

“ The Assembly deplores the fact that the judicial system of Ukraine has been systematically misused by other branches of power and that top officials do not execute the courts’ decisions, which is a sign of erosion of this crucial democratic institution. An independent and impartial judiciary is a precondition for the existence of a democratic society governed by the rule of law. Hence the urgent necessity to carry out comprehensive judicial reform, including through amendments to the constitution.

The Assembly reiterates that the authority of the sole body responsible for constitutional justice – the Constitutional Court of Ukraine – should be guaranteed and respected. Any form of pressure on the judges is intolerable and should be investigated and criminally prosecuted. On the other hand, it is regrettable that in the eight months of its new full composition, the Constitutional Court has failed to produce judgments, thus failing to fulfil its constitutional role and to contribute to resolving the crisis in its earlier stages, which undermines the credibility of the court. There is an urgent need for all pending judgments, and in particular the judgment concerning the constitutionality of the Presidential Decree of 2 April 2007, to be delivered. If delivered, the latter should be accepted as binding by all sides.

 ”

The associated explanatory report under the sub-heading of Pressure on the courts expressed concern that

“ "Several local courts have made decisions to suspend the Presidential Decree only to then withdraw them, allegedly under pressure from the presidential secretariat." (item 67) ”

In emphasis the report (item 68) stated

“ This is a worrying tendency of legal nihilism that should not be tolerated. It is as clear as day that in a state governed by the rule of law judicial mistakes should be corrected through appeal procedures and not through threats or disciplinary sanctions ”

On April 30, 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, Syuzanna Stanik and Valeriy Pshenychnyy, for allegations of "oath treason."[4] His move was later overturned by the Constitutional Court and the judges were returned by a temporary restraining order issued by the court. [5]

Syuzanna Stanik - Constitutional Court public released photograph
Syuzanna Stanik - Constitutional Court public released photograph

On May 16,Viktor Yushchenko, for a second time, issued another decree dismissing the two Constitutional Court Judges Syuzanna Stanik and Valeriy Pshenychnyy.[6]

On May 17, the Constitutional Court Chairman Ivan Dombrovskyy resigns and is replaced by Valeriy Pshenychnyy.

On May 23, The Constitutional Court of Ukraine acted to prevent the president's undue influence on the court system.[7] The court's ruling was made after Viktor Yushchenko unduly sought to influence the court by illegally firing two Constitutional Court judges Valeriy Pshenychnyy and Syuzanna Stanik for allegations of "oath treason."[8].

On July 20 Susanna Stanik 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.."[9] 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.

Stepan Havrsh, the President's appointee to the Constitutional Court, in prejudgment of the courts decision and without authorization from the Court itself, commented in an interview published on July 24

“ I cannot imagine myself as the Constitutional Court in condition in which three political leaders signed a political/legal agreement on holding early elections, which also stipulates the constitutional basis for holding the elections... How the court can agree to consider such a petition under such conditions. [2] ”

Olexander Lavrynovych, Ukrainain Minister for Justice, in an interview published on Aug 3 is quoted as saying

“ According to the standards of the Constitution and the laws of Ukraine, these elections should have been recognized invalid already today. But we understand that we speak about the State and about what will happen further in this country. As we've understood, political agreements substitute for the law, ... The situation has been led to the limit, where there are no possibilities to follow all legal norms. [10] ”
  • On March 25, 2008 Ukraine's Supreme Administrative Court ruled the President's dismissal of Suzanna Stanik as a Constitutional Court judge illegal. Ms Stanik's position has been reinstated. The decision is final and not subject to further appeal [2]
  • On April 3, 2008 Stanik was dismissed fro the Court by the order of the President.[1]

[edit] Famous and notorious rulings

[edit] Court Contacts

Citizens of Ukraine, noncitizens, people without citizenship and legal entities can only ask the Court for interpretation of the Constitution and laws of Ukraine. A written request can be submitted in person or by mail. Court's address is 01033, Ukraine, Kiev, vyl. Zhylyanska, 14. Contact phone is (+380-44)238-1317.

[edit] See also

[edit] References

  1. ^ a b Order of the President of Ukraine № 297/2008 (in Ukrainian)
  2. ^ a b c Supreme Court Restores Stanik As Constitutional Court Judge (English). Ukrainian News agency (2008-03-27).
  3. ^ PACE (2007-04-19). Functioning of democratic institutions in Ukraine (English). PACE.
  4. ^ Yushchenko dismissed CCU judges (English). for-ua. Retrieved on 2006-05-17.
  5. ^ "Stanik and Pshenychnyy returned to CC", Korrespondent, 2007-05-17. 
  6. ^ "Stanik and Pshenychnyy again became ex-judges of Constitutional Court", Korrespondent, May 16, 2007. Retrieved on 2006-05-17. 
  7. ^ "Constitutional Court of Ukraine restricts president's influence on courts", Ukrainian National Radio, 2007-05-23. 
  8. ^ Yushchenko dismissed CCU judges (English). for-ua. Retrieved on 2006-05-17.
  9. ^ Stanik Back Into the CC (English). Retrieved on 2006-07-20.
  10. ^ Lavrynovych: Early elections should have been already recognized invalid today (English). Inter-Media, ForUm (2007-08-03).

[edit] External links