The Verkhovna Rada of Ukraine at a meeting on Thursday, February 9, in the first reading adopted the draft law No. 5336-1 on the constitutional court of Ukraine. Voted 239 deputies out of 226 minimum required at the plenary session of the Ukrainian Parliament.
As noted by the President’s administration, after making a group of deputies of the legislative initiative, the bill implementeret changes in the Constitution in terms of justice, entered into force on 30 September 2016, regarding the organization and activities of the COP, status of judges of the constitutional court, establishes the norms concerning the bases and procedure for appeals to court, procedure of consideration of cases and execution of judicial decisions.
One of the authors of the bill, people’s Deputy Sergey Alekseev (fraction “Block of Petro Poroshenko”, the Committee on legal policy and justice) explained that it is proposed to expand the powers of the constitutional court, in particular it will consider the constitutional complaints, to deliver opinions on the compliance of the Constitution of Ukraine the issues that are proposed for presentation at the all-Ukrainian referendum on popular initiative.
“At the same time from the jurisdiction of the constitutional court seized uncharacteristic of a function is the interpretation of the laws. Interprets laws judicial practice,” said co-author of the draft law.
However, he added that the changed organizational structures in the composition of the court will act in the Grand chamber – all 18 judges, two of the Senate, nine judges each, and six panels of three judges each.
“The Grand chamber of the constitutional court of Ukraine considers issues of fact within the powers of the constitutional court defined by the Constitution. Senada addresses issues of compliance with the Constitution and laws of Ukraine on the constitutional complaint of the person. The bench of the constitutional court – issues on the opening of constitutional proceedings in cases upon constitutional submission, the constitutional appeal, the constitutional complaint,” explained Alekseev.
MP noted that the bill will determine the status of constitutional court judges, as well as to ensure efficient functioning of the Institute of constitutional complaint of citizens.
Alekseev added that the bill provides for a competitive procedure for the selection of candidates for the post of judge KS.
“Each of the three subjects of appointment – the President, the Verkhovna Rada and the Congress of judges will form the competitive Commission for selection of judges,” added the MP.
He stressed that prescribed in the draft law, the selection procedure will assign a new, professional, independent judges and to upgrade the composition of the constitutional court of Ukraine.
According to the sponsor of the bill, the constitutional complaints of the LCP will reduce the flow of complaints of citizens of Ukraine to the European court of human rights and, accordingly, will reduce the level of compensation for his solutions from the state budget of Ukraine.
According to the text of the bill , the powers of the constitutional court belongs the decision of questions on conformity of the Basic law of Ukraine (constitutionality) of laws of Ukraine on the constitutional complaint of a person who believes that the use of final judicial decision in her case the law of Ukraine contradicts the Constitution of Ukraine.
According to the text of the bill, the judge of the CCU may be a citizen of Ukraine, fluent in the Ukrainian language, which is the day of the appointment under 40 years of age, has higher legal education and experience of professional activity for at least 15 years. Judges will be appointed for nine years without right to be reappointed.
The bill in the first reading the deputies adopted with the amendment which has been voiced by Alexeev and head of the profile Committee on legal policy and justice Ruslan Kniazevych: snap the base salary of judges of the constitutional court of Ukraine to the minimum wage, as it was in the original edition, and to the subsistence level.
Thus, the base salary will be set at 75 minimum.
