The Minister of Justice does not have the authority to evaluate the Constitutional Court`s decisions - Maryna Stavniychuk

Advocacy
14:48 Fri 06.11.20 783 Reviews
Print

The artificiality of the constitutional crisis was provoked by the Ukrainian authorities, not by the Constitutional Court itself.

Maryna Stavniychuk, the Head of the Rule of Law Committee at the UNBA, is convinced of this. On the air of the talk show "People Against" with Natalia Vlashchenko, Maryna Stavniychuk stressed once again that all compromises in overcoming this constitutional crisis should be found solely within and on the basis of the Constitution and laws of Ukraine.

According to the Head of the Rule of Law Committee at the UNBA, the solution to the constitutional crisis should not be dealt with by the political team that created it due to incompetence or because of influences from third parties.

During the broadcast, she reminded the Minister of Justice, Denys Maluska, that he had no authority to interfere in the activities of the Constitutional Court of Ukraine or comment on its decision.

"Does the Minister of Justice have the authority to evaluate the legality or illegality of decisions made by the Constitutional Court or to doubt the authority of the judges of the Constitutional Court? There is no such. Moreover, the Ministry of Justice is responsible for enforcing court verdicts and other Ukrainian courts` decisions, even coercive ones. You forgot about this. If you are a minister that works according to Article 19 of the Constitution of Ukraine, it is not your role to evaluate the decision of the Constitutional Court. You can take the floor at a meeting of the National Security and Defense Council and tell the President, you can sign the relevant decree within your powers, but now you are publicly trampling on the Constitution. Your actions now do not correspond to your powers." - Stavniychuk told Malyuska.

Maryna Stavniychuk stipulates that the way out of the constitutional crisis may be by conducting a full analysis of the entire anti-corruption system of the state and bringing it into line with the Constitution.

 "To save Ukraine in this difficult international situation, we all need to understand - the law is bad, but it must be obeyed. Even the one does not like the decision of the Constitutional Court of Ukraine, and it is also not impeccable for me, but I understand that it is final and enforceable. But if there is another position in the parliament - they can get together and decide. You are aware that the anti-corruption legislation, including the legislation on the e-declaration system in the state, violates human rights in many respects, it does not comply with the principle of the rule of law. We need to analyze this whole system and see: if we monitor the lifestyle of civil servants, it should be a procedure defined by law. It should not be a clerk from the National Agency for Prevention of Corruption, who will open the door to a judge of the Constitutional Court of Ukraine or someone else each time” - said Maryna Stavniychuk.

We want to recall that on October 27, 2020, the Constitutional Court of Ukraine ruled on the constitutional petition of 47 people's deputies of Ukraine regarding the constitutionality of certain provisions of the Law "On Prevention of Corruption" and the Criminal Code of Ukraine. In particular, Article 366-1 of the Criminal Code of Ukraine, which provides for liability for false declarations, was declared unconstitutional. The decision has provoked a strong wave of public criticism and speculation, and some experts see it as the beginning of a constitutional crisis. The UNBA has made a statement concerning its position.

Popular news

Lidiya Izovitova: reform of the advocacy profession should make the profession stronger and individuals better protected

Rule of Law Roadmap

Lidiya Izovitova: reform of the advocacy profession should make the profession stronger and individuals better protected

The Ukrainian advocacy community is finalizing work on a new version of the relevant law. The roadmap on the rule of law has set the fourth quarter of 2026 as the deadline for achieving results in this area. The draft is intended to ensure safeguards for the practice of law through mechanisms of accountability for violations.

14:01 Fri 30.10.26 134
The first country to ratify the Convention on the Protection of the Professions of Lawyer

Abroad

The first country to ratify the Convention on the Protection of the Professions of Lawyer

Bosnia and Herzegovina became the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer (CETS No. 226). The country signed the Convention on March 17, 2026, so it took just over seven months to ratify it.

12:17 Fri 30.10.26 122
In Edinburgh expressed gratitude to those who are helping Ukrainian advocates and citizens

Support

In Edinburgh expressed gratitude to those who are helping Ukrainian advocates and citizens

Since the start of the full-scale invasion, Scottish legal institutions and the Ukrainian community, with the participation of the UNBA, have been helping Ukrainian advocates obtain their qualifications and Ukrainians receive legal assistance. The parties are now planning joint professional and educational events.

11:24 Fri 23.10.26 124
What to do when you need immediate protection in the LCIA

Educational events

What to do when you need immediate protection in the LCIA

A dispute with a counterparty has been referred to the London Court of International Arbitration (LCIA), but it will take several weeks to appoint the arbitrators, and the client needs legal representation immediately? This can be achieved through an emergency arbitrator or expedited tribunal formation.

14:16 Thu 22.10.26 110
An advocate's meeting with a client outside the office: how to conduct it without giving away too much

Educational events

An advocate's meeting with a client outside the office: how to conduct it without giving away too much

If a client suggests meeting in a public place, keep in mind that any name or amount mentioned aloud could be overheard by bystanders. Therefore, it’s important to plan ahead regarding the table, seating arrangements, and the scope of the conversation.

13:07 Tue 20.10.26 129
The UNBA explained what could undermine the plan to introduce plea agreements

Legislation

The UNBA explained what could undermine the plan to introduce plea agreements

Information regarding who pays whom, how much, and on what grounds under a plea agreement must be made public. However, as long as this information is classified as a state secret or personal data, the court will continue to be able to close proceedings and restrict access to judgments.

10:41 Tue 20.10.26 150
The UNBA and the German Institute for Eastern Law will prepare joint legal opinions

Interaction

The UNBA and the German Institute for Eastern Law will prepare joint legal opinions

Ukrainian advocates and German legal scholars will jointly prepare comparative legal studies, expert opinions, and professional events. The UNBA reached this agreement with the Institute for Eastern European Law in Regensburg, which has been researching the laws of Central and Eastern European countries for nearly 70 years.

17:41 Mon 19.10.26 154
What an advocate can delegate to an assistant, colleagues and AI — and what they cannot

Educational events

What an advocate can delegate to an assistant, colleagues and AI — and what they cannot

An advocate can delegate even a complex lawsuit to an assistant, consult with colleagues daily, and ask artificial intelligence to find relevant case law. However, it is up to the advocate to proofread the document, verify every reference, and decide what to disclose about the client’s case.

10:29 Mon 19.10.26 109

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл