Constitutional сrisis
in Ukraine
Important headlines in one place.
On 27 October 2020, the Constitutional Court of Ukraine ruled that the key achievements of anti-corruption reform are unconstitutional. In particular, the CCU closed the public register of e-declarations, abolished criminal liability for providing false information in declarations, and disciplinary and administrative liability became impossible for practical application.
The Court's decision caused a constitutional crisis in Ukraine and led to street protests. President Zelensky introduced a bill to the Parliament proposing a complete overhaul of the CCU and declaring its scandalous decision "null and void." The DEJURE Foundation is monitoring the developments surrounding this crisis.
The Commission recommends introducing a new procedure for the appointment of CCU judges immediately. International and public experts should have a key role to play in the process.
The Venice Commission has delivered its second urgent opinion this time on the reform of the Constitutional Court. The Commission states that the quality of the decisions essentially depends on who is appointed to the CCU.
The Venice Commission recommends to restore criminal liability for false declaration, the NAPC's authority to check e-declarations and to establish additional safeguards for against possible misuse of power by the NAPC towards judges.
The Venice Commission has delivered its opinion on the consequences of the Constitutional Court's decision on the asset declarations. The VC acknowledges that the CC's decision lacks clear reasoning, was possibly tainted by the conflict of interest and in fact usurped the role of Parliament.
DEJURE and other leading NGOs addressed an open letter to Venice Commission president Gianni Buquicchio on crisis around the Constitutional Court. We call the Venice Commission to analyze the detailed context of the сrisis.
The PIC has called the President not to violate the Constitution with these unlawful submissions.
The HCJ unlawfully submits to the President submissions for the appointment of judges who did not complete the qualification assessment. Some received a negative opinion from the Public Integrity Council (lack of integrity).
The Congress of Judges cancelled the upcoming meeting scheduled for December 8-10 and postponed it for February 23-25, 2021. During this meeting, the judges were supposed to select the candidates for appointment as CC judges and HCJ members beyond the competition.
The working group of the Legal Committee of the Parliament is not planning to include the provisions on establishing a mechanism for ensuring the integrity of the HCJ into bill #3711 despite the recommendations of the Venice Commission and IMF requirements.
Dmytro Razumkov suggested establishing a working group within the Parliament to elaborate the solutions for the current consitutional crisis. The majority of its members either are not interested in solving the crisis or were its "authors."
The Parliamentary Legal Committee recommended to include bills 4311, 4311-1, and 4311-2 in the Parliamentary agenda and shorten the period for introducing other alternative bills.
The Committee decided to announce a competition for one vacant position in the CC. The competition will be held according to the existing procedure, i.e., only nominees of the political factions will participate in the competition.
Leading CSOs call on the Parliament to adopt the legislation, which provides for the mechanism for ensuring the integrity of the members of the judiciary.
MEPs of the Committee on Foreign Affairs of the European Parliament praise Ukraine's progress on important reforms but singled out the judiciary as one of the least-trusted institutions in Ukraine.
The Anticorruption Committee of the Parliament rejected bill 4301-a introduced by Oleksandr Dubynsky. The bill provided for excluding judges from the operation of the Law on "Prevention of corruption."
The MOJ prepared a bill, which can provide for the mechanism of cleansing the HCJ. The bill meets the requirements of the IMF, and the EU laid out in their Memoranda. The text of the bill was published by our Board Member Roman Maselko.
The Parliament did not appoint any of the proposed candidates to the CC. Razumkov requrested the Legal Committee to prepare another competition.
One of the candidates Yuriy Pavlenko, whom the Parliament plans to appoint as the CC judge does not meet the requirements for judicial candidates. The Constitution sets the requirement for candidates to the CC of having at least 15 years of professional legal experience. Mr Pavlenko has only 6.
Today, the Parliament plans to appoint 2 new judges of the CC beyond the competition, which violates the Constitution.
Media report that some of the judges of the CC, who voted for the scandalous decision on the e-declarations refused to participate in other CC's hearings.
The Parliament adopted in the 1st reading the draft law #4135 (The Anti-corruption Strategy for 2020-2024 drafted by the NACP).
Legal Committee of the Parliament recommended adopting the Presidential bill #3711 on the judiciary in the first reading. The bill will be included in tomorrow's Parliamentary agenda. Here is our analysis of the bill.
The session of the Legal Committee of the Parliament to review the Presidential bill #3711 on the judiciary has started online. The committee is considering Presidential bill #3711, which aims to give Pavlo Vovk the control over the selection of all judges in Ukraine. The participation of the representatives of the civil society was declined.
A draft decision of the Constitutional Court on the interpretation of the norms of the Constitution became public, which may become the basis for the unconstitutionality of the law on the market of agricultural land.
Yesterday, the MPs from the "Sluha Narodu", "Holos" and "Dovira" group introduced the bill #4311, which, in their opinion, should become a quick temporary safeguard against further unjust decisions of the Constitutional Court. We explain what is wrong with this bill.
Judges of the Constitutional Court of Ukraine must leave - statement of public organizations.
Pavlo Vovk is "on self-isolation due to coronavirus". The DACK denies that Vovk systematically ignores NABU summons.
The Anti-Corruption Committee of the Parliament supported Razumkov's bill on e-declaration in its original form. We want to remind, this bill is legally illiterate and carries a threat. Why? - read here.
The CCU did not adopt the decision on the language law.
4 forces in the Verkhovna Rada oppose Zelensky's bill on dismissing judges of the Constitutional Court.
CCU Chairman Tupytskyi: The dissolution of the Constitutional Court may lead to a violation of the territorial integrity of Ukraine.
Chairman of the Constitutional Court Tupytsky lives in a cottage owned by Serhiy Levchenko, a member of "Oleksandr Dubinsky's team".
Zelensky calls on the "Sluha Narodu" MPs to take tough decisions on the CCU, but does not rule out alternatives to his bill #4288. We have analyzed his project and other solutions here.
The media say that Razumkov has already prepared a bill proposing to restore the rights of the NAPC (National Agency on Prevention of Corruption), that were revoked by a decision of the Constitutional Court.
How to get out of the constitutional crisis caused by the decision of the Constitutional Court? We have collected 9 ways to solve these problems and analyzed all their advantages and risks.
The CC Judge Igor Slidenko filed the resignation note.
Hundreds of people came to the Constitutional Court to send dubious judges to Rostov.
Zelensky assured the National Security and the Defense Council that e-declarations will work, while law enforcement officers must investigate the details of the CCU's decision.
The EU considers the decision of the CCU to be a reasonable basis for the temporary suspension of the visa-free regime.
The head of the CCU did not declare the land he had purchased in the occupied Crimea.
The Constitutional Court has put an end to electronic declaration. Analysis of the text of the decision.
NACP closes the register of e-declarations due to the decision of the Constitutional Court.
The Constitutional Court published a decision revoking liability for false declarations and depriving the NACP of one of its key powers.
The Constitutional Court has abolished criminal liability for false declarations and deprived NAPC of some of its powers.