After the judicial reform the CCU lost its powers to interpret the laws of Ukraine

After the conduct of part of the reform of the judiciary, the Constitutional Court of Ukraine officially lost its powers to interpret the laws of Ukraine.

The CCU stated this position in its ruling thereby it refused to open constitutional proceedings on a constitutional request submitted by the UNBA concerning the official interpretation of Articles 45 and 46 of the Law of Ukraine "On the Bar and Practice of Law", Article 17 of the Code of Administrative Procedure of Ukraine and Article 15 of the Code of Civil Procedure, read in conjunction with Article 55 of the Constitution of Ukraine (case no.2-43/2016, 11.08.2016, no. 70-у/2016).

In examining the issue of opening of the constitutional proceedings, the CCU proceeded from the fact that the Law of Ukraine "On Amendments to the Constitution of Ukraine (in part of the judiciary)" of 2 June 2016 no. 1401-VIII, which entered into force on 30 September 2016, amended the Constitution Ukraine, in particular its Article 150.

Thus, in accordance with Article 150 of the Constitution of Ukraine, powers of the Constitutional Court of Ukraine include decisions on compatibility with the Constitution of Ukraine of laws and other legal acts of the Verkhovna Rada of Ukraine, President of Ukraine, Cabinet of Ministers of Ukraine and Autonomous Republic of Crimea, official interpretation of the Constitution of Ukraine and other powers provided by the Constitution of Ukraine.

Thus, according to the Constitution of Ukraine, official interpretation of laws of Ukraine does not fall under the CCU ambit.

The text of the CCU ruling of 08.11.2016 in the case no. 2-43/2016 can be consulted in the Ukrainian news.