A bill may prove unconstitutional
On October 30 the President of Ukraine Volodymyr Zelensky introduced to the Verkhovna Rada a draft law on termination of powers of the Constitutional court of the country. He proposed to cancel one of court decisions and to terminate powers of judges who made this decision.
The draft law “On the restoration of public confidence in constitutional legal proceedings” consists of two articles. The first one proposes to recognize the decision of the Constitutional Court of October 27 as null and void. Then the court recognized a number of powers of the National agency for counteraction to corruption as contradicting the main law.
The second article proposes to dismiss judges who participated in decision-making and to start the procedure of new selection of CC.
The Constitution of Ukraine does not provide for dismissal of judges of the Constitutional Court by a decision of the Parliament or the President. The court should decide on the dismissal of a judge itself by at least two-thirds of its constitutional composition. Termination of powers of a judge is possible in case of expiration of his powers, reaching the age of 70, withdrawal from Ukrainian citizenship or violation of laws by him.
What caused the conflict between the President and the Constitutional Court
October 27, the Constitutional Court declared illegal the powers of the anti-corruption authority of Ukraine to control and verify the declarations of officials and deputies, the round-the-clock access of citizens to the register of declarations, monitoring lifestyles of officials, and a number of provisions of the law of Ukraine “On Prevention of Corruption”.
After that Zelenskyi initiated an urgent meeting of the National Security and Defense Council, – recalls “Interfax”. As a result of the meeting, a meeting of the government in the presidential administration was assembled. The government obliged the anti-corruption agency to restore citizens’ access to the register of declarations of officials and to provide a mechanism for their special verification, contrary to the court decision, which, according to Ukrainian laws, cannot be appealed or cancelled.