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

Advocacy
14:48 Fri 06.11.20 749 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

Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?

Guarantees of the practice of law

Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?

Ukraine has a chance to be the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer. Political support for this exists, but the government’s legislative package has not yet been submitted to parliament. Meanwhile, the number of violations of advocates’ rights is on the rise.

18:32 Wed 19.08.26 157
How can an advocate verify that work has been completed if the client refuses to sign the report?

Educational events

How can an advocate verify that work has been completed if the client refuses to sign the report?

When billing by the hour, the primary document for determining the fee may be a detailed report on the time spent by the advocate and the work performed. To prevent the client from withholding payment, the contract should specify in advance the procedure for submitting and approving such a report.

11:14 Wed 19.08.26 154
Energy law: the UNBA and the ADMGE have agreed to cooperate

Interaction

Energy law: the UNBA and the ADMGE have agreed to cooperate

Advocates will deepen their professional expertise in the field of energy law, and participants in the distributed and flexible generation market will have greater opportunities to obtain professional legal assistance.

14:31 Fri 07.08.26 179
Where does an advocate's time go and what do they get in return

Educational events

Where does an advocate's time go and what do they get in return

To assess balance in life, it’s worth identifying the areas where the most effort, time, and money are directed, and then determining what a person receives in return: income, respect, support, love, a sense of significance or the fulfillment of an important idea.

10:43 Thu 06.08.26 103
The SC has clarified the different ways to respond to a lawyer's request that is ignored

Court practice

The SC has clarified the different ways to respond to a lawyer's request that is ignored

If there is no response to an advocate’s request, the advocate has the right to file a petition with the Bar Association to hold the person administratively liable. An advocate may challenge the failure to provide information necessary for the provision of legal assistance on behalf of the client, rather than in their own name.

16:59 Mon 03.08.26 107
The Ministry of Defense is preparing new procedures for MMC: what changes are being proposed

Discussion

The Ministry of Defense is preparing new procedures for MMC: what changes are being proposed

The Ministry of Defense is establishing an interagency working group to develop a new procedure for military medical examinations conducted by military medical commissions. Among the issues requiring resolution are the issuance of documents based on examination results, referrals for repeat medical examinations, verification of the medical basis for decisions, and the accountability of military medical commission members.

13:59 Fri 31.07.26 166
Original, device and methodology: how digital evidence is verified

Discussion

Original, device and methodology: how digital evidence is verified

To verify the authenticity of an audio or video recording or a digital image, an expert needs information about the file’s origin, how it was created, and, if possible, the original medium and the corresponding device. Without this information, the scope of the investigation may be limited.

16:54 Thu 30.07.26 105
Security has a greater impact on land prices during wartime than fertility – an opinion

Discussion

Security has a greater impact on land prices during wartime than fertility – an opinion

The difference in the cost of agricultural land between western and frontline regions is primarily determined by security risks, the feasibility of cultivation, and the costs of demining. At the same time, the land market continues to function, and the cost of land parcels and leases is rising.

12:04 Thu 30.07.26 100

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

Оберіть файл