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Ukraine’s Supreme Court refuses to consider case on lawfulness of dissolution of parliament

Source : 112 Ukraine

The Supreme Court concluded that verification of the compliance of the Constitution with all the legal acts of the Verkhovna Rada and the President, without exception, belongs to the powers of the Constitutional Court
20:43, 27 May 2019

 

The Supreme Court of Ukraine
day.kyiv.ua

The Administrative Cassation Court of the Supreme Court of Ukraine refused to consider the case on the lawfulness of the decree of President of Ukraine Volodymyr Zelensky on the dissolution of the Verkhovna Rada. The press service of the court reported this on Facebook.

“The Supreme Court refused to open a proceeding under the claim against President of Ukraine Volodymyr Zelensky on recognizing №303/2019 decree of May 21, 2019 of the President of Ukraine On early termination of powers of the Verkhovna Rada of Ukraine and the appointment of early elections, because consideration of such a case is attributed to the jurisdiction of the Constitutional Court of Ukraine,” the report said.

The Supreme Court concluded that verification of the compliance of the Constitution with all the legal acts of the Verkhovna Rada and the President, without exception, belongs to the powers of the Constitutional Court.

Related: Poroshenko calls Zelensky’s order on dissolution of parliament unconstitutional

The plaintiff substantiates the claim that the early termination of parliamentary powers violates his rights as a voter who participated in the elections of members of the parliament on October 26, 2014, and is interested in the continuous and stable work of the parliament.

The claimant argued that the appointment of early elections on July 21 also violates his electoral rights (not only as a voter but also as a subject of the right to self-nomination as a candidate), which impedes his plans to have a rest in the summer.

Related: MPs ask Constitutional Court to consider Zelensky's order on dissolution of parliament

According to the Supreme Court, the Code of Administrative Procedure regulates not all public-law disputes, but only those arising because of the exceeding the executive power of the administrative functions and the consideration of which directly does not apply to the jurisdiction of other courts.

According to the decision, the constitutional process of early termination of the powers of the Verkhovna Rada and participation in this process of the president is not a form of implementation of its administrative functions and cannot be reviewed the court of administrative jurisdiction.

Related: Lyashko collects signatures on non-constitutional dissolution of parliament

The ruling can be appealed to the Grand Chamber of the Supreme Court within 15 days from the date of its adoption.

President of Ukraine Volodymyr Zelensky officially dissolved the Verkhovna Rada and appointed the snap elections for July 21. The Cabinet of Ministers should provide the financing of the elections.

Related: Zelensky: main reason for parliament’s dissolution is low public trust

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