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14 August 2017

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News

03 August 2017, 12:15

Constitutional Court in Law

( Information Department of the Verkhovna Rada of Ukraine Secretariat )

The law of Ukraine “On the Constitutional Court of Ukraine” has come into force

The law of Ukraine “On the Constitutional Court of Ukraine” has come into force right today, on August 3, as published on the eve in “Holos Ukrainy” (lit. “Voice of Ukraine”), a Parliament’s daily newspaper -- the official voice of the Verkhovna Rada of Ukraine.

The law in question was passed on July 13 by obtaining 245 “yeas” of the House. The Chairperson of the Parliament signed it on July 14, and the President did so in some a fortnight.

The law now defines the organizational design and activities of the Court, status of the justices, the grounds and the order of taking a legal action, the legal investigation procedure and execution of its sentences.

According to the law, the court constitutes a body of constitutional jurisdiction ensuring supremacy of the Constitution of Ukraine, which also gives consideration over compliance of the Constitution with laws of Ukraine, delivers an official interpretation of the Ukrainian Constitution etc.

The Court’s powers encompass as follows:        

1. Compliance of the Constitution with Ukraine’s legislation (constitutionality), presidential, ministerial and parliamentary acts of Ukraine and the Crimea,

2. Official interpretation of the Ukrainian Constitution,

3. Providing decisions on constitutionality of international agreements currently in force or those tabled to the Parliament once a request to this effect is submitted by the President, the Cabinet or at least by forty five members of the Parliament,

4. Providing decisions on constitutionality of issues subject to an all-Ukrainian referendum at popular approbation once a request to this effect is submitted by the President or at least by forty five members of the Parliament,

5. Providing a decision on constitutionality of an impeachment investigation procedure against the President of Ukraine once a request to this effect is submitted by the Verkhovna Rada of Ukraine,

6. Providing a decision on constitutionality of a constitution amending bill once a request to this effect is submitted by the Verkhovna Rada of Ukraine,

7. Providing decisions on breaches of the Ukrainian Constitution and Laws by the Crimean Parliament once a request to this effect is submitted by the Verkhovna Rada of Ukraine,

8. Providing decisions on constitutionality and legitimacy of the Crimean Parliament’s acts once a request to this effect is submitted by the President of Ukraine,

9. Providing decisions on constitutionality of  Ukrainian laws (or their certain provisions) at a constitutional complaint filed by a person who considers that a Ukrainian law invoked in the final judgement on its proceeding is in conflict with the Constitution of Ukraine.

The law reads the Court’s bench is to be made of eighteen justices of the Constitutional Court; the President of Ukraine, the Verkhovna Rada of Ukraine and the all-Ukrainian judge convention are entitled to appoint six justices each.

The law authorizes the Court to conduct a constitutional proceeding provided its bench only has at least twelve justices of the Court, empowered in accordance with the Article 17 of the law. The law determines range of powers and guarantees to a justice of the Constitutional Court, an organizational design of the Court, features of a legal proceeding on constitutionality of the Ukrainian laws at a constitutional complaint, order of execution of the Court’s judgements and decisions, etc.

The law defines requirements for a Constitutional Court justice, competition rules for Constitutional Court justice nominees, order of appointment of a Constitutional Court justice by the President of Ukraine, by the Verkhovna Rada of Ukraine and by the all-Ukrainian judge convention; status of a Constitutional Court justice and his powers, order of his dismissal, guarantees to a Constitutional Court justice.

The law frames an organizational design of the Constitutional Court according to which there are a Big Chamber, two Senates and six Boards of judges.

Within a first quarter of a year the Court is to promulgate an annual report clarifying its activities and finances. The Court’s official gazette is “Visnyk Konstytutsiynoho Sudu Ukrainy” (literally, “The Bulletin of the Constitutional Court of Ukraine”). The law   also determines the order of appointment and dismissal of the Verkhovna Rada Commissioner for Human Rights (Ukrainian ombudsman).