Lawyers expressed their position towards making amendments to the Main Law in the scope of justice

2015-10-16

KYIV — 16 October, 2015. The Ukrainian Bar Association published its position towards making amendments to the Constitution of Ukraine in the scope of justice approved by the Ukrainian Presidential Constitutional Commission.

The Association supposes that, in general, the suggested amendments to the Constitution of Ukraine in the scope of justice approved by the Constitutional Commission cover the main directions of reforming.

At the same time, the lawyers spotted some minor flaws in the suggested amendments to the Constitution of Ukraine which, if adopted, will cause the following:

— the issues of depoliticization and judicial power independence will not be solved completely;

— introduction of risks related to the narrowing of people rights to judicial defense and exclusion of a large portion of state legal relations from the scope of court's responsibility;

— a large number of issues related to the formation of the judicial manpower, courts functioning and judges independence are left outside the constitutional regulation;

— the right of recourse to the Constitutional Court of Ukraine for the Ukrainian Constitution interpretation is narrowed by means of restricting it for a great number of subjects, including Ukrainian citizens;

— the acts of the Ukrainian President, the Verkhovna Rada of Ukraine and the Cabinet of Ministers of Ukraine are excluded from the scope of the constitutional control.

It's a well-known fact that the Constitutional Commission initiated the public discussion of amendments to the Constitution of Ukraine in the scope of justice. The Association believes that the beginning of the public discussion of amendments to the Constitution of Ukraine in the scope of justice approved by the Constitutional Commission is an important phase of the constitutional process that will allow to improve the suggested provisions at the conceptual and sense bearing levels. Suggesting to and annotating the developed text, the Association encourages all participants of the constitutional process and experts to join the fundamental clause by clause analysis of the suggested changes.

The position of the Ukrainian Bar Association was developed as a result of the events held by the UBA Committee on Constitutional Law & Human Rights with active participation of the UBA member Oleksandr Ilkov and other UBA members: the honored lawyer of Ukraine Alona Shulima and the Candidate of Juridical Sciences Serhii Riznyk. The UBA official position was reviewed and approved by the UBA Board this year on 15 October.

"The annotations and suggestions of the Ukrainian Bar Association to the presented for public discussion text of the amendments to the Ukrainian Constitution are conceptually based on the Main approaches towards making changes to the Ukrainian Constitution that were approved by the UBA Board on 29 June, 2015. We tried to provide objective and expert analysis that is based on international standards of fair justice and national practice of law application," said the UBA Board member and honoured lawyer of Ukraine Oleksandr Ilkov.

The UBA annotations and suggestions are sent to the Constitutional Commission.

The full text of the annotations and suggestions can be found below:

The UBA position towards the suggested amendments to the Constitution of Ukraine in the scope of justice

The table of the UBA suggestions and annotations towards the amendments to the Constitution of Ukraine in the scope of justice

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