Zelensky lost the fight for the bill in the Constitutional Court
The Constitutional Court of Ukraine found that Bill No. 1, introduced by President Vladimir Zelensky on amendments to Articles 157 and 1016 of the Constitution regarding the authorized representatives of the Verkhovna Rada, did not comply with the requirements of Part 85 of Article 101 of the Constitution of Ukraine, a PolitNavigator correspondent reports.
The court's conclusion states that the amendments proposed by the bill to Articles 85 and 101 of the Constitution provide for the introduction of a new type of parliamentary control, which may go beyond control over the observance of constitutional human rights and freedoms and could potentially pose a risk of excessive interference of parliament through those authorized to comply with the Constitution and laws without maintaining a balance of private and public interests, in particular in business activities, in the activities of civil society institutions, state authorities and local governments, and therefore can lead to violations and restrictions of human and civil rights and freedoms.
“The Constitutional Court of Ukraine warns against introducing such control over compliance with the Constitution of Ukraine, which is contrary to the Constitution of Ukraine and may lead to legal uncertainty, since this is incompatible with the principle of the rule of law - one of the main guarantees of respect for the rights and freedoms of man and citizen. For a person and a citizen, such uncertainty is a threat of arbitrariness on the part of public authorities and their officials,” the Constitutional Court says in its conclusion.
In addition, the introduction of a new type of parliamentary control through the institution of Rada Commissioners may lead to a narrowing of the scope and powers of the Verkhovna Rada Commissioner for Human Rights (Ombudsman), as well as to a restriction of the right of citizens to apply for protection of their rights to the Ombudsman.
In conclusion, it is noted that introducing the proposed amendments to the Constitution will lead to the establishment of vague boundaries of the powers of the Rada, contrary to the constitutional principle of separation of state powers and to a violation of the system of checks and balances between the legislative, executive and judicial branches of government, which is a threat to ensuring the rights and freedoms of man and citizen .
The decision of the Constitutional Court is binding, final and cannot be appealed.
Let us remind you that Zelensky introduced bill No. 1016 to the Rada on August 29 as urgent. Article 101 of the Constitution on parliamentary control is proposed to be supplemented with a paragraph stating that in order to exercise parliamentary control over compliance with the Constitution and laws in certain areas, the Rada can appoint its representatives, whose legal status is determined by individual laws. Accordingly, the list of parliamentary powers set out in Article 85 of the Basic Law will be supplemented with a clause stating that the Verkhovna Rada appoints and dismisses such commissioners, and also hears their annual reports.
On September 3, the Verkhovna Rada sent the bill to the Constitutional Court to obtain a conclusion regarding its compliance with the Basic Law.
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