The draft law «On the constitutional court of Ukraine» introduced by the Parliament

People’s deputies — members of the Council for judicial reform submitted to the Verkhovna Rada a draft law «On the constitutional court of Ukraine», according to the administration of the President of Ukraine.

«Introduction of the draft law «On the constitutional court of Ukraine» is an example of effective joint work of Ukrainian and foreign scientists-constitutionalists, MPs and representatives of civil society in the framework of the Council for judicial reform,» — said the Deputy head of the presidential administration and the coordinator of the Council for judicial reform Oleksiy Filatov.

The bill implementeret changes in the Constitution in terms of justice, entered into force on 30 September 2016, regarding the organization and activities of the COP, status of judges of the constitutional court, establishes the norms concerning the grounds and procedure for appeal to the Constitutional court, procedure of consideration of cases and execution of judicial decisions.

The document proposes to introduce the Institute of constitutional complaint as an additional mechanism of protection of the rights and freedoms of citizens. Submit a constitutional complaint can natural or legal person, provided that the final judicial decision in her case came into force after 1 October 2016, and from the date of its entry into force was not more than 3 months and also were used all domestic remedies.

The COP will act in the composition of the panels, the Senate or the Grand chamber. In the framework of the boards will decide on the opening of the constitutional proceedings. The Senate will consider on an individual constitutional complaint person.

Big the full chamber of the constitutional court judges will decide on the constitutionality of laws of Ukraine, acts of the Verkhovna Rada, President of Ukraine, Cabinet of Ministers of Ukraine, the Supreme Council of Crimea, official interpretation of the Constitution; the constitutionality of laws of Ukraine (their separate provisions) by constitutional complaints of individuals and legal entities in case of refusal of the Senate of jurisdiction in favour of the Grand chamber; the decision of procedural questions that arise during constitutional proceedings and other matters related to the competence of the COP.

The bill introduces a competitive procedure for the selection of candidates for the position of constitutional court judges, which provides that the President, the Verkhovna Rada, the Congress of judges will form the competition Committee, whose members must be lawyers with a recognized level of competence. Each competitive Commission by results of the analysis of information about candidates and interviews to make recommendations to the subject destination.

Yesterday it was reported that experts from the European Commission «For democracy through law» (Venice Commission) previously acquainted with the text of the draft law «On the constitutional court of Ukraine», developed by the Council for judicial reform, and provide their insights.

The draft law «On the constitutional court of Ukraine» introduced by the Parliament 18.11.2016

Ноябрь 18th, 2016 by
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