The constitutional Court of Ukraine (CCU) believes that the adoption of the so-called law of Kolesnichenko–Kivalov on the principles of state language policy did not meet the review procedure of draft laws by the Verkhovna Rada. This is stated in the court’s decision, published on the website of KSU.
The document says that the draft law №9073, which is considered in the second reading, did not have comparative tables and a conclusion of the Committee in the agenda have made it without the full name, registration number, edition and initiators are made.
In addition, the project voted without discussion in the second reading, were not considered the amendments and proposals of people’s deputies, and the vote passed with «physical obstruction» and using cards of MPs who were absent in the meeting room.
«The totality of these circumstances indicates that the Verkhovna Rada of Ukraine, violated the procedure of consideration and adoption of the draft law №9073», – the document says.
According to the constitutional Court, violations at the plenary meeting on 3 July 2012, when taking the bill, «had a systemic character.»
The Verkhovna Rada adopted initiated by the Party of regions the draft law «On principles of state language policy», the authors of which were MPs Vadym Kolesnichenko and Serhiy Kivalov, July 3, 2012. The document came into force in August of the same year and included, in particular, the possibility of official bilingualism in regions where the number of minority exceeds 10%. Opponents of the law have stressed that the document strengthens the position of Russian language in Eastern regions of the country.
In February 2014, immediately after the victory of Euromaidan, Parliament abolished the «law of Kivalov–Kolesnichenko», however, the acting President of Ukraine Oleksandr Turchynov said that he will not sign the Parliament’s decision.
In July 2014 57 people’s deputies filed a submission on the constitutionality of the law in the constitutional Court, on 10 October of the same year, opened the proceedings, in November 2016, the court proceeded to consideration of the views of MPs.
14 December 2016 KSU has completed a trial in open court and passed to the closed part of the meeting.
28 February 2018, the constitutional Court of Ukraine adopted a decision regarding the law on principles of state language policy. In a press-service of the Ukrainian Association «Freedom» argued that the constitutional court recognized it unconstitutional.
At the time of adoption of the «law of Kolesnichenko — Kivalov» was a violation of procedure, the constitutional Court of Ukraine 01.03.2018