Ukraine wants to create Supreme Court in violation of the Constitution

Author : Kateryna Odarchenko

Source : 112 Ukraine

Following the initiative of the Presidential Administration, Verkhovna Rada has allowed the renaming of the supreme body of Ukraine’s judiciary, which breaches the Constitution
12:40, 23 April 2018

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Accepting amendments to the law "On Judicial System and Status of Judges", the Verkhovna Rada, on the initiative of the Presidential Administration, has allowed the renaming of the supreme body of Ukraine’s judiciary. Supreme Court of Ukraine is now called "Supreme Court". However, the text of the Constitution contains the name "Supreme Court of Ukraine", not just the "Supreme Court". It seems to be insignificant, everything is serious though.

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As it is known, judicial reform is continuing in Ukraine, affecting both the structure of the judicial system and the place of various judicial authorities in this system, their powers and the order of formation.

The structure of the system of public authorities, the powers of the highest bodies of each of its branches (legislative, judicial and executive) are determined by the Constitution of the country. The Constitution, expressing the will of the entire Ukrainian people, is the Basic Law, it has the highest legal force. Any law issued by the parliament (Verkhovna Rada) must comply with the Constitution and can neither modify its norms nor in any way limit their effect. Now we have faced a situation when the usual parliamentary law, adopted by a separate complicated procedure, without introducing changes to the Constitution is trying to amend our Constitution.

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What's the matter? First, we are talking about the actual amendment of the Constitution, bypassing the established procedure for introducing and adopting changes and amendments to the Constitution. It turns out that we can change the Constitution with the usual parliamentary law. And this completely contradicts not only the universally recognized international standards of constitutionalism but also the Constitution of our country.

Secondly, it turns out that there are two supreme bodies of the judiciary in the country. From the legal point of view, it turns out so. And this might provoke numerous conflicts and have very serious consequences.

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Thirdly, the creation of the "Supreme Court" will make it possible to form its composition on the basis of some kind of compromise between the legislative and executive powers, bypassing the procedure for the creation and formation of the "Supreme Court of Ukraine" established by the Constitution, which provides the participation of the Public Council of Integrity in this process. And this would lead to the fact that they would have their puppet judges in the supreme body of the judiciary.

If we take into account these moments, then the situation will no longer seem so insignificant, as at first glance.

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Fortunately, Ukraine has created an agency that can really change the situation and stand up for the defense of the Constitution. This is the Constitutional Court of Ukraine, created in order to ensure the supreme legal force of the Constitution, its indisputable authority for both society and government. This is a historical moment when the Constitutional Court of Ukraine is being tested, its real ability to preserve our statehood and prove to the people that the Constitutional Court of Ukraine is not a puppet, but an effectively functioning institution for the protection of the Constitution and the society.

This column does not necessarily reflect the opinion of the editorial board or 112.International and its owners.

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