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
