The Public Calls on the President, MPs and the Ombudsman to Make a Constitutional Submission Regarding the Unconstitutionality of E-Declarations for Activists

On April 3, 2018, the Verkhovna Rada of Ukraine repeatedly and unsuccessfully tried to correct the mistake and cancel unconstitutional electronic declarations for public activists. Voting was failed by MPs despite the international community’s calls for the abolition of these discriminatory regulations, as well as the negative conclusions of the Venice Commission.

Application of anti-corruption bans, restrictions and duties to the individuals is contrary to the constitutional right to freedom of association, the principle of equality and the prohibition of restrictions on the basis of the type of activity, non-interference in private life. In addition, application of anti-corruption restrictions and obligations intended for persons exercising state functions to an indefinite range of individuals is contrary to the principle of the rule of law in terms of violations of legal certainty and also contradicts the constitutional right to freedom of association, the principle of equality and the prohibition of restrictions on the basis of the type of activity, non-interference in private life.

In order to protect the rights of Ukrainian citizens to active citizenship from discriminatory regulations that are not in compliance with the Basic Law, the coalition of NGOs Reanimation Package of Reforms has prepared an open constitutional submission on the recognition of the provisions of clause 5 of part one of Article 3, paragraph three of part three of Article 45 of the Law of Ukraine “On Prevention of Corruption” of October 14, 2014, No. 1700-VII and clause 2 of Section II “Final Provisions” of the Law of Ukraine “On Amendments to Certain Laws of Ukraine Regarding the Peculiarities of Financial Control of Certain Categories of Officials” of March 23, 2017 as non-conforming to the Constitution of Ukraine.

In fact, individuals who are not able to commit corruption offenses, but instead channel their efforts in the direction of preventing and combating corruption, are subjected to anti-corruption prohibitions and restrictions and they become liable parties for their violation in terms of criminal and administrative legislation. At the same time, amendments to the Law of Ukraine “On Prevention of Corruption” fail to clearly identify not only the purpose of imposing prohibitions, restrictions and responsibilities on the relevant persons, but also the very range of these persons.

Taking into account the above, the public calls on holders of the right to a constitutional submission – the President of Ukraine as the guarantor of the Constitution of Ukraine, MPs and the Ukrainian Parliament Commissioner for Human Rights – to support the submission prepared by the public and to urgently address it to the Constitutional Court of Ukraine with the request:

 

Reanimation Package of Reforms

Civil Society Institute

Centre for Political Studies and Analysis “EIDOS”

Ukrainian Center for Independent Political Research

Ilko Kucheriv Democratic Initiatives Foundation

Centre UA

Internews Ukraine

Centre for Economic Strategy

Centre of Policy and Legal Reform

Center for Democracy and Rule of Law

Civil Network OPORA

Detector Media

Transparency International Ukraine

Anti-corruption Headquarters

Slidstvo-info

Ukrainian Helsinki Human Rights Union

Ukrainian Insurance Federation

Statewatch

Public Lustration Committee

Yevropeiska Pravda (European Truth)

Institute of Mass Information

Advocacy Center “Life”

DEJURE Foundation

ICO “Environment – People – Law”

New Europe Center

bihus.info

Human Rights Platform

Ukrainian Pirate Community

Toloka Association

Committee of Voters of Ukraine

Development and Security Association

All-Ukrainian Agrarian Council

Rodyna (Family)

Danube-Carpathian Program

Kharkiv Institute of Social Research

Donetsk Institute of Information

Bakhmat

Center for Civil Liberties

Human Rights Information Center

Kharkiv Human Rights Group

Center for Public Monitoring and Research

Charitable Foundation “Patients of Ukraine”

Vostok SOS

 

 

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