The constitutional court in reviewing the language law Kivalov-Kolesnichenko refused to challenge the judges who have a conflict of interest because of the involvement in the usurpation of power by Yanukovych. About this on his page on Facbeook wrote MP from the «popular front» Leonid Yemets.
Under the COP demanded to cancel the law of Kivalov-Kolesnichenko
«The status of Ukrainian language will be determined by the composition of the court, to which there is no trust and which is dependent from political influences. The shame and legal nihilism», he added.
The constitutional court in the form of oral hearings began consideration of the case on the constitutional representation 57 MPs about the constitutionality of the law «On principles of state language policy». About it reported in a press-service of the court.
The deputies asked the court to declare the law not complying with Constitution. The authors of the submission argued that while the adoption of the document in Parliament was a violation of procedure consideration and adoption, as well as their personal vote. In particular, people’s deputies believe that they were deprived of the right of legislative initiative and the possibility of making corrections, clarifications and address errors and inconsistencies in the text of the bill at second reading.
According to deputies, during the consideration by the Verkhovna Rada of the draft law was a violation of the provisions of articles 82, 84, 89, 91, 93, 152 of the Constitution, articles 117, 118, 119, 120, 121 of the Regulations of the Verkhovna Rada approved the law «On Regulations of the Verkhovna Rada of Ukraine», as well as articles 1, 15 and 16 of the law «On committees of the Verkhovna Rada of Ukraine».
How do you think people’s deputies of Ukraine, of the first, third, fifth, sixth, article 11, of the first, second, third, article 12, part first, second, article 13, parts one, two, three of article 14, article 15, section 25, part one of article 27 of the law contradict parts of the first, second, article 10 of the Constitution, and the first part of the third article 18 of the law — the second part of article 24 of the Basic Law. In their opinion, the provisions of the law create the conditions for the dominance of a regional language (languages) of the state.
Furthermore, the subject of the right to constitutional petition argues that the second part of article 7 of the law contrary to article 3, sections two, three of article 10, article 11, parts two, three of article 22 and parts of the first, second article 24 of the Constitution, and draws attention to the fact that under the specified norm of the law «selective protection of regional or minority languages provides privileges one linguistic groups (national minorities) and restricts the rights of others, that is discrimination and violates the principle of equality of citizens before the law.»
The authors of the petition note that the third paragraph of article 8, third part of article 11 of the law do not meet the established in article 8 of the Constitution the principle of legal certainty as a component of the rule of law. In addition, the third paragraph of article 7 of the Law contradicts paragraph 4 of part one of article 92, article 140 of the Basic Law of Ukraine, according to which the use of languages in Ukraine is determined exclusively by laws of Ukraine. The Constitution granted local councils the authority on the adoption of decisions of state importance and local self-government is the right of a territorial community to independently settle the question of local value within the Constitution and laws of Ukraine.
Referring to the legal positions expressed in Decision of the constitutional Court of Ukraine of 14 December 1999 № 10-RP/99 in the case of the use of the Ukrainian language, MPs noted that the law establishes the possibility of using a regional language instead of the state in the work of the Executive authorities, local self-government and in other spheres of public life, actually reducing the status of Ukrainian as the state language.
The judge Rapporteur in this case acts Igor Slidenko.
Under the COP demanded to cancel the law of Kivalov-Kolesnichenko
In Kiev under the building of the KSU held a small rally for the abolition of the language law, known as the law of Kivalov-Kolesnichenko. About it reports «UKRINFORM».
As head and founder of the initiative for the protection of the rights of Ukrainian «know» the Roman Mathis, the question of the abolition of the law postavili earlier in 2012, but KSU has deferred consideration of this case.
«Finally a miracle happened, because back in 2012 was the introduction of people’s deputies on the recognition of the law of Kivalov-Kolesnichenko not constitutional. Since then and until today, the constitutional court did not consider the submission, and finally, SIC has appointed to date consideration of this issue,» explained Mathis.
He noted that the walls of KSU today at a rally attended by about 100 people.
«At the moment I see that we have gathered about 100 people and declared a parish of about 300,» said Mathis.
The head of the NGO explained that among the protesters are the representatives of public organizations, representatives of the political party «Freedom» and simply not indifferent citizens.
«People want to demonstrate to the KSU that the issue is very important and concerned part of the population. There are representatives and leaders of many public organizations, which deal with the language issue. This «Freedom», and «Movement of protection of the Ukrainian language» and others,» said Mathis.
Adopted with violation of the regulations of 3 July 2012 the Law «On principles of state language policy» (the law of Kolesnichenko-Kivalov), which introduced the concept of «regional language», was repealed February 23, 2014. According to deputies, he had narrowed the scope of the state Ukrainian language.
However, acting President Oleksandr Turchynov has not signed it, instead forming a working group that was supposed to improve this law and to submit it for consideration to the Venice Commission.
10 Oct 2014 the constitutional Court of Ukraine opened proceedings on the law.
In February 2015 the constitutional court of Ukraine opened proceedings on the constitutional representation 57 people’s deputies of Ukraine concerning compliance of this law with the Constitution of Ukraine.
The LCP in reviewing the language of the law is not averted judges who helped Yanukovych to seize power 17.11.2016