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:
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:
The Constitutional Court of Ukraine: