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

Advocacy
14:48 Fri 06.11.20 770 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

A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

Legislation

A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.

14:08 Mon 05.10.26 111
The UNBA presented the key provisions of the future law on advocacy in Brussels

Rule of Law Roadmap

The UNBA presented the key provisions of the future law on advocacy in Brussels

The Ukrainian National Bar Association presented its proposals for the upcoming law on advocacy, aligned with the Rule of Law Roadmap. The presentation covered topics such as access to the profession, self-governance, disciplinary procedures, professional development and guarantees for the practice of advocacy.

20:36 Thu 01.10.26 118
Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova

Guarantees of the practice of law

Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova

Before the prosecution uses information obtained during covert investigative actions and related to an advocate’s activities, independent procedural oversight must be conducted. It is necessary to determine whether such information is covered by attorney-client privilege and whether it may be disclosed.

15:47 Fri 25.09.26 157
Efforts to develop advocacy must be brought to fruition — A. Misyats

Self-government

Efforts to develop advocacy must be brought to fruition — A. Misyats

The Ukrainian advocacy profession is currently going through a critical phase. Amid the war, it must ensure the continuity of legal aid, defend the independence of the profession, and improve qualification and disciplinary procedures in accordance with European standards. The work that has been started must be brought to a practical conclusion.

20:32 Fri 18.09.26 140
Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

Support

Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.

19:46 Fri 18.09.26 187
Tax residency of Ukrainians abroad: what matters

Educational events

Tax residency of Ukrainians abroad: what matters

The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.

18:19 Thu 17.09.26 175
When working with sole proprietorships leads to business fragmentation: criteria and recommendations

Discussion

When working with sole proprietorships leads to business fragmentation: criteria and recommendations

What criteria do regulatory and law enforcement agencies use to identify artificial business fragmentation? How does this model differ from franchising? And when can tax optimization lead to criminal liability?

13:18 Wed 16.09.26 102
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

War

Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.

9:42 Mon 14.09.26 243

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

Оберіть файл