Supreme Court accuses Deputies of trying to destroy the judicial system
The Supreme Court has issued a statement sharply criticizing the Resolution passed by the Verkhovna Rada on procedure for appointing judges.
“The adoption on 30 May 2007 by the Verkhovna Rada of thee Resolution “On temporary procedure for appointing judges to administrative posts and dismissing them” is yet another attempt to deliberately destroy the judicial system. It significantly increases the dependence of the courts and judges, providing the conditions for systemic and overt interference in the work of the courts and pressure on judges through the patently unlawful mechanism for appointing judges and dismissing them from administrative posts”.
The Supreme Court points out that in accordance with Article 92 of the Constitution, the judicial system, judicial proceedings and the status of judges are regulated solely by the laws of the country, namely the Law “On the judiciary”.
“A change to the procedure for appointments and dismissals may only be made through adopting the relevant law”. It stresses that such appointments cannot be regulated via subordinate legislation, including Presidential Decrees, or Resolutions of either the Cabinet of Ministers or of parliament.
It goes on to say that since neither the Constitution nor the laws of Ukraine empower the High Court of Judges to decide on such appointments and dismissals, by doing so it would be exceeding the powers envisaged by the Constitution, and such appointments would not have any legal validity.
The day before the Verkhovna Rada had passed a Resolution stating that the High Court of Justice would temporarily take over the functions of appointment and dismissal of judges to administrative postsBased on information from www.proua.com