Constitutional Court declared it unconstitutional to allow Parliament appointing legal guardians

Such changes could potentially lead to restrictions and violations of citizens' rights and freedoms
20:07, 21 November 2019

Open source

Constitutional Court of Ukraine (CCU) found the bill No. 1016 on granting Verkhovna Rada the right to appoint legal guardians non-compliable with the provisions of the Constitution of Ukraine. This was reported by the press service of the court, citing the court's conclusion.

The Draft Amendments to the Constitution proposed to give Parliament the right to appoint and dismiss authorized legal guardians, as well as to hear their annual reports on the state of compliance with the legislation.

The Constitutional Court of Ukraine concluded that the changes could run the risk of Parliament’s interference through the appointment of delegates to various spheres of public relations without maintaining a balance of private and public interests, in particular, business activities, activities of civil society, state authorities and local government.

Consequently, the proposed changes may lead to violation and restriction of human and citizen's rights and freedoms (violation of Part 1 of Article 157 of the Constitution of Ukraine).

Related: Supreme Anti-Corruption Court arrests one of suspected in Rotterdam+ case

"The Constitutional Court of Ukraine warns against imposing such control over the observance of the Constitution of Ukraine, which would be contrary to the Constitution of Ukraine and may create legal uncertainty, since it is incompatible with the principle of the rule of law  - one of the fundamental guarantees of respect for human and citizen's rights and freedoms. Such an uncertainty is a threat of arbitrariness on the part of public authorities and their officials," the CCU stated.

As we reported earlier, Ukraine's leader Volodymyr Zelensky released the decree that creates the Council for Freedom of Speech and Protection of Journalists. The authority is supposed to operate as the conciliatory body of the head of the state. 

The President ordered to define the staff of the Council. It will be chaired by Vadym Miskyi, the civilian activist and the chief expert in the group for media reform from the Reanimation Package of Reforms initiative.

Related: Saakashvili's readmission from Ukraine to Poland was legal, - Supreme Court

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