Conclusion of the National Commission for the Strengthening of Democracy and the Rule of Law


“The National Commission for the Strengthening of Democracy and the Rule of Law was created by the President of Ukraine to provide assistance to the Ukrainian regime in strengthen democracy, the rule of law and to ensure the exercising of human rights. In accordance with its mandate, the Commission considered the question of observance of the constitutional procedure during the introduction of the amendments to the Constitution in accordance with the Law of Ukraine No. 2222-VI “On introducing amendments to the Constitution of Ukraine” of 8 December 2004 and compliance of the provisions of this Law with general principles of the Constitution of Ukraine and European standards”. This information was communicated to journalists by Serhiy Holovaty, the Minister of Justice of Ukraine and the Head of the National Commission, after the results of the plenary sitting of the National Commission on 27 December 2005.

According to Serhiy Holovaty, the Commission has come to the conclusion that “the procedure, according to which the changes are being introduced, as well as their content, do not meet the demands, established by the Constitution of Ukraine of 1996 and the principles following from membership of Ukraine in the Council of Europe – the demands envisaged by the Statute of the Council of Europe and the European Convention of human rights, that is European standards.

In particular, one of the flagrant violations was the package vote on the Law “On introducing amendments to the Constitution of Ukraine”. The Minister of Justice pointed out: “The procedure of adoption of laws is described in details in the Constitution of Ukraine and the Regulations of the Supreme Council. Introduction of changes to the Constitution of Ukraine is carried out through complicated procedure. A high level of demands is required in order to protect the constitutional order of Ukraine. A package vote is not  envisaged. by legislation.  Thus, the statement that the package vote has some judicial ramifications, since it was not legally justified,  is an absurd and a political manoeuvre".

Serhiy Holovaty said that the conclusion approved on 27 December 2005 at the plenary sitting of the National Commission was “an unbiased legal analysis, not connected with politics”. The expert conclusion of the Commission has the character of recommendations, since the National Commission is not an executive body which can approve political decisions. The National Commission will send the conclusion to all subjects of legislative initiative: to the President of Ukraine, the Government and all people’s deputies. Being the subjects of legislative initiative, they have the right to contest constitutionality of the amendments.

Press-service of the Ministry of Justice of Ukraine

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