In 2017-2019, RPR has been consistently advocating the proper introduction of constitutional changes initiated in June 2016 and aimed at the independence of the Constitutional Court of Ukraine (CCU).

These are the new requirements for the CCU judges: high moral qualities and a recognized level of lawyer’s competence, as well as a change in the procedure for appointing CCU judges in terms of the introduction of competitive frameworks for selecting candidates for the CCU judges (Article 148 of the Constitution of Ukraine).

On February 26, the Constitutional Court of Ukraine recognized the article of the Criminal Code which provides for the punishment of officials for the illegal enrichment as being unconstitutional. This caused a wave of public criticism and misunderstanding. The resolution of the Constitutional Court virtually destroys the anti-corruption state policy of recent years, since decriminalization of illegal enrichment will mean avoidance of punishment by all officials with the capital acquired in violation of restrictions and prohibitions established by the anti-corruption legislation.

This CCU resolution is the result of blocking the implementation of constitutional novelties. RPR experts have repeatedly stressed the need:

• to appoint judges of the Constitutional Court who will meet the new constitutional requirements of the CCU judge, in particular, will have high moral qualities and a recognized level of competence in the field of law;
• not to politicize of the CCU judges selection by the Verkhovna Rada Committee on Legal Policy and Justice, and to allow participation of candidates who themselves have expressed a desire to take part in the selection;
• not to violate Art. 148 of the Constitution and to ensure the selection of candidates for the position of a judge CCU on a competitive basis, rather than through political arrangements on the part of the Verkhovna Rada;
• publish information on persons recommended for the position of a CCU judge – this should be done by a competition commission for the selection of candidates for the CCU judges which are appointed by the President of Ukraine;
• to protect its independence  – this can only be done by the Constitutional Court.

Complete replacement of competitive selection with political support of candidates for CCU judges took place in Parliament through the adoption of unconstitutional amendments to Art. 208⁴  of the Law “On the Rules of Procedure of the Verkhovna Rada of Ukraine”.

Today, the issue of the unconstitutionality of these provisions of the Rules of Procedure is considered by the CCU. This case is in fact the question of desire of the Constitutional Court of Ukraine to independently protect itself from unconstitutional provisions that adversely affect the CCU independence.

To ensure the validity of these constitutional novels aimed at the establishment of a strong professional independent Constitutional Court of Ukraine, RPR calls on:

The Verkhovna Rada of Ukraine:

• To establish a competitive selection of candidates for the positions of CUU judges in the Law of Ukraine “On the Constitutional Court of Ukraine” by establishing a competitive commission for all candidates for the positions of CUU judges with the assistance of international experts;
• To abolish unconstitutional provisions of Article 208-4 of the Law of Ukraine “On the Rules of Procedure of the Verkhovna Rada of Ukraine”.

The Constitutional Court of Ukraine:

• To open constitutional proceedings under the constitutional petition of 47 MPs on the compliance (constitutionality) of the provisions of the second sentence of the first paragraph of part three, second paragraph of part three, four part of Article 208-4 of the Law of Ukraine “On the Rules of Procedure of the Verkhovna Rada of Ukraine” with the Constitution of Ukraine.