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

Advocacy
14:48 Fri 06.11.20 763 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

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 18.09.26 121
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 17.09.26 110
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 14.09.26 160
Former CCBE President James MacGuill has passed away

Tragic news

Former CCBE President James MacGuill has passed away

The Ukrainian National Bar Association expresses its condolences on the passing of James MacGuill — a renowned Irish advocate and former president of the Law Society of Ireland and the Council of Bars and Law Societies of Europe (CCBE).

10:27 Mon 07.09.26 108
How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»

Educational events

How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»

The same instruction from a manager may motivate one employee to take action, while leaving another without the necessary guidance. People perceive work tasks differently: for some, a deadline and the expected outcome are enough, while others need explanations, time or a detailed plan.

11:22 Tue 01.09.26 167
The Council of Europe Convention will strengthen constitutional guarantees of human rights – M. Stavniychuk

Guarantees of the practice of law

The Council of Europe Convention will strengthen constitutional guarantees of human rights – M. Stavniychuk

The exclusive right of an advocate to represent another person in court, as enshrined in the Constitution, should be viewed as an integral part of the mechanism for protecting human rights in Ukraine. Furthermore, ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer could strengthen the substance of this and other guarantees.

10:45 Mon 31.08.26 106
The Verkhovna Rada is preparing a bill to implement the Convention on the Protection of the Professions of Lawyer

Legislation

The Verkhovna Rada is preparing a bill to implement the Convention on the Protection of the Professions of Lawyer

Members of Parliament plan to introduce a bill in the near future to implement the main provisions of the Council of Europe Convention on the Protection of the Professions of Lawyer. This parliamentary initiative may also prompt the government to expedite the preparation of the ratification package.

12:13 Fri 28.08.26 189
What an advocate should consider when a fee dispute escalates into a complaint to the QDBC

Educational events

What an advocate should consider when a fee dispute escalates into a complaint to the QDBC

If an advocate files a lawsuit seeking to recover fees from a client, the client may in turn file a complaint with the High Qualification and Disciplinary Commission of the Bar in an effort to compel the advocate to withdraw the lawsuit. How do the advocacy’s disciplinary bodies handle such cases?

13:07 Wed 26.08.26 139

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

Оберіть файл