KSU does not yet have a legislative basis for considering constitutional complaints - an expert

09 April 2017, 08:46 | Policy 
фото с Зеркало недели

At the moment, the Constitutional Court of Ukraine can not consider constitutional complaints, since without a new law on the Constitutional Court of Ukraine there is no legislative basis for this, writes in his article for ZN. UA Doctor of Juridical Sciences Mikhail Savchin.

"Despite the fact that the Law on Amendments to the Constitution of Ukraine on Justice has come into force, today the Constitutional Court Law has not been amended. Without a legislative basis, the Constitutional Court can not now consider constitutional complaints, "the author points out..

According to Savchin, that is why the number of complaints to the ECHR against the state of Ukraine continues to grow.

In addition, due to the lack of a legislative base, a new head of the CSU has not yet been elected, and Yuri Baulin continues to fulfill his powers as the oldest judge.

"All this makes it more expressive to ignore the normative character of the constitution in terms of the activities of the institutions. After all, instead of a constitutionally established deadline by March 30, the Supreme Court will be formed at the end of May - during June of this year, if not later, "the author notes..

Let's remind that on June 2 the Verkhovna Rada made changes to the Constitution (in the part of justice). Also, the Rada adopted a new law "On the Judiciary and the Status of Judges". Changes to the Constitution (in the part of justice) entered into force on September 30.

According to the amendments to the Constitution of Ukraine (concerning justice), any person can file a constitutional complaint with the Constitutional Court if he believes that the law of Ukraine applied in the final court decision in his case contradicts the Constitution of the state.

As writes in his article for ZN. UA Julia Kirichenko, now 84 constitutional complaints are not considered in the Constitutional Court and 0 decisions are taken in all categories of cases.

Read more about the current issues of work and reforming the judicial system of Ukraine in Mikhail Savchin's article "The Normality of the Constitution, or Why Independence of the Judiciary is Important" in the weekly Mirror of the Week. Ukraine".

Источник: Зеркало недели