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08.08.2006

Not so easy to restrict the Constitutional Court

   

The President’s representative in the Constitutional Court Volodymyr Shapoval has stated in an interview to “Delo” [“Business”] that the Constitutional Court is legally able to carry out a review of the “political reform” (the constitutional amendments from 8 December 2004) despite the ban imposed by the Verkhovna Rada.

He said also that the law prohibiting the Constitutional Court from introducing amendments to the “political reform” was passed by the Verkhovna Rada with infringements.

“The amendments were made to Section IV § 3 ““Final and transitional provisions of the Law of Ukraine “On the Constitutional Court of Ukraine”.  When the transitional provisions were written, they were to be on an auxiliary nature, and to turn to them from a formal-legal point of view is nonsense”.

He also referred to Article 152 of the Constitution which states that “Laws and other legal acts, by the decision of the Constitutional Court of Ukraine, are deemed to be unconstitutional, in whole or in part, in the event that they do not conform to the Constitution of Ukraine, or if there was a violation of the procedure established by the Constitution of Ukraine for their review, adoption or their entry into force”.

Shapoval adds: “This means that if there is a constitutional submission, and if the judges consider that the procedure for review of the Law No. 2222-IV “On introducing changes to the Constitution of Ukraine”  (i.e. the «political reform”), then all of Friday’s corrections, passed in the Law on the Constitutional Court have no meaning”,
" The Constitutional Court may rule that, based on the norms of the Constitution, which has the highest legal force and may at the same time find the corrections to the Law on the Constitutional Court (passed on 4 August) unconstitutional”)

Based on information from Ukrainska Pravda, published on Maidan"

Cf. also  http://khpg.org/index.php?id=1154957688

http://khpg.org/index.php?id=1154893174

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