Ukrainian Constitutional Court Сonsiders Legality of Parlament Dissolution
The bill may be unconstitutional
On October 30, President of Ukraine Volodymyr Zelensky submitted to the Verkhovna Rada a bill to terminate the powers of the country’s Constitutional Court. He proposes to cancel one of the court decisions and terminate the powers of the judges who made this decision..
The draft law “On the restoration of public confidence in the constitutional proceedings” consists of two articles. The first proposes to declare void the decision of the Constitutional Court of October 27 Then the court found a number of powers of the National Anti-Corruption Agency to be contrary to the basic law..
The second article proposes to dismiss the judges who participated in the decision-making and begin the procedure for a new selection of the Constitutional Court..
The Ukrainian Constitution does not provide for the dismissal of judges of the Constitutional Court by decision of the parliament or the president. The decision to dismiss a judge must be taken by the court itself at least two thirds of its constitutional composition. Termination of the powers of a judge is possible in the event of the expiration of his powers, reaching the age of 70, renouncing Ukrainian citizenship or violating the laws.
What caused the conflict between the President and the Constitutional Court
On October 27, the Constitutional Court declared illegal the powers of the anti-corruption department of Ukraine to control and verify the declarations of officials and deputies, round-the-clock access of citizens to the register of declarations, monitoring the lifestyle of officials and a number of provisions of the law of Ukraine "Prevention of corruption".
After that, Zelensky initiated an urgent meeting of the National Security and Defense Council, – reminds "Interfax". Following the meeting, a government meeting was held in the presidential administration. The government obliged the anti-corruption agency to restore citizens ‘access to the register of officials’ declarations and provide a mechanism for their special verification, contrary to the court decision, which, according to Ukrainian laws, cannot be appealed or canceled.
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