Ukrainian President Petro Poroshenko has signed the law on the Constitutional Court of Ukraine, which is aimed at better protecting constitutional rights of citizens.
Poroshenko said the signed document is part of the judicial reform, which is aimed at ensuring rights of Ukrainians for fair trial, the press service of the Ukrainian president reported on July 31.
According to the president, this law contains two principal innovations. “Absolutely transparent competitive selection of candidates for the Constitutional Court judges,” Poroshenko said noting that everyone will have the opportunity to learn about each candidate.
Another innovation is the possibility of any legal entity (excluding representatives of the central or local authorities) or an individual to lodge a complaint with the Constitutional Court, something that has never happened in Ukraine’s history.
“If a person, after having his case examined in ordinary courts, believes that the law on which the ruling is based is unconstitutional, then they no longer will have to seek the assistance from people’s deputies or the president. They finally received the right to apply to the Constitutional Court directly with a constitutional complaint. The court must consider this complaint and make an appropriate ruling,” the president said.
“I believe that this will significantly increases the level of protection of constitutional rights and freedoms of citizens,” Poroshenko said.
According to the bill, the Constitutional Court is composed of 18 judges: six judges are appointed by the president of Ukraine, the Verkhovna Rada and the Congress of Judges of Ukraine. At the same time, the Constitutional Court will receive powers to carry out constitutional proceedings provided at least two-thirds of the judges enter upon their offices.
The bill provides that the Grand Chamber, two senates and six colleges operate in the Constitutional Court of Ukraine. They act as the Constitutional Court within the limits determined by this document.
According to the initiative, constitutional request, constitutional appeal and constitutional complaint are the forms of an appeal to the Constitutional Court.
The constitutional complaint, according to the bill, will be an application for verification of compliance with the Constitution of Ukraine of the law or its individual provisions, which is applied in the final judicial decision. If the draft law is adopted, persons who believe that the law of Ukraine or its provisions used in the final judicial decision in their case contradict the Basic Law, will be able to handle constitutional complaints.
The authors of the initiative suggest that judges be appointed for nine years without the possibility of re-appointment. It is assumed that candidates for judges of the Constitutional Court will be selected on a competitive basis. Competitive commissions will be formed by bodies that appoint judges. The judges of the Constitutional Court will be subjected to the law on public service.
The judge of the Constitutional Court, according to the draft law, can be a citizen of Ukraine who speaks the state language, who reached 40 years old on the day of appointment, with a higher legal education and at least 15 years of professional experience. In addition, the law provides for the selection of judges of the Constitutional Court on a competitive basis.
Powers of the judge will be terminated after he reaches 70 years. Termination of powers of judges of the Constitutional Court will be performed by the Court itself.
The draft law provides that the salary of a judge of the Constitutional Court shall be fixed in the amount of the salary of a judge of the Supreme Court. The remuneration of the judge of the Constitutional Court will consist of an official salary and a surcharge for staying in an administrative position in this court.
