Valentyn Hvozdiy: unconstitutional provisions of any law must be immediately removed by the Parliament
The purpose of the decision of the Constitutional Court, which declared several provisions of the Law of Ukraine "On Prevention of Corruption" unconstitutional, was to eliminate the levers of influence on the judiciary.
This conviction was expressed by the Deputy Head of UNBA, BCU Valentyn Hvozdiy during the second national discussion "Access to Justice: Realities and Prospects". Video of the performance can be viewed here.
Valentyn Hvozdiy stressed that this was the first bold decision made by a court in Ukraine recently.
"When we talk about the court today, we are primarily waiting for fair court decisions. We want the court to fulfill the function for which it was created - to ensure fair, transparent, efficient, prompt justice. This is possible in case the court is strong and independent. But today these words are heard so often that for the majority they have lost their meaning and have no practical reflection of their essence. Perhaps, the last decision of the CCU is a loud voice of the judiciary, which finally said its word and showed that judges really want to be independent,"- said Valentyn Hvozdiy.
The Deputy Head of UNBA and the BCU is convinced that the constitutional crisis was created artificially.
"I do not see any constitutional crisis in a country where there is a constitution aimed at setting boundaries for the government. The Constitution is adopted by the Parliament to ensure the observance of their rights and the guarantees they declare through the established mechanisms of restrictions on the balance of power. For the first time, in my opinion, the CCU made such a bold decision in the interests of the judiciary. If you reject all the hysteria, slogans, statements, there is a short and simple essence - you cannot exert influence and pressure on the judiciary from the executive branch. When the CCU said that we were removing leverage to make the courts fair, it was under attack. Such a discussion platform is needed to explain difficult things to people," - he said.
Valentyn Hvozdiy believes that the unconstitutional provisions of any law, which are recognized as such in any decision of the CCU, should be immediately eliminated through the Parliament.
"What needs to be done?" Firstly, do not shout "betrayal" and "everything is gone”. We need to write normal, high-quality laws, and move forward. In the law on prevention of corruption, the parliament should add one or two articles on 4 lines, which will outline the mechanism of anti-corruption control over judges, so that it does not put pressure on them. That's all, "- Valentyn Hvozdiy summed up.
It will be recalled that the second national discussion "Access to Justice: Realities and Prospects" took place on November 30. The co-organizers of the event are UNBA and the High Council of Justice. The full video of the event can be viewed here.
In October, UNBA issued a statement concerning the CCU's decision on the unconstitutionality of certain provisions of anti-corruption legislation, calling for the restoration of the supreme force of constitutional norms (https://unba.org.ua/news/5985-zayava-naau-shodo-rishennya-ksu-pro-nekonstitucijnist-okremih-polozhen-antikorupcijnogo-zakonodavstva.html).
Popular news
Interaction
The UNBA and the Ministry of Veterans are expanding their cooperation
War veterans, their family members, as well as the family members of fallen Defenders of Ukraine are to receive improved access to professional legal assistance and additional opportunities for independent legal protection.
Legislation
Advocates have warned that the draft Labor Code would curtail workers' protections
Certain provisions of the draft Labor Code of Ukraine regarding collective labor disputes undermine labor protections and do not comply with constitutional and international standards.
Legal defence of military personnel
Representatives from the Ministry of Veterans Affairs and the UNBA discussed veterans' access to justice
On April 3, a working meeting was held at the Ministry of Veterans Affairs of Ukraine with representatives of the Ukrainian National Bar Association, dedicated to improving the effectiveness of legal protection for war veterans and their families.
Educational events
The right of minors to marry: how judicial oversight works
The issue of granting minors the right to marry lies at the intersection of family law, child protection, and judicial discretion. The UNBA Committee on family law dedicated a webinar held on March 30 to this very topic.
Interaction
The UNBA and the Coordination headquarters have agreed to cooperate in assisting those released from captivity
Servicemen released from captivity, family members of prisoners of war, civilians deprived of their personal liberty as a result of armed aggression, as well as persons missing in connection with the war, will gain additional opportunities to access legal assistance and protect their rights.
Self-government
BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession
The Bar Council of Ukraine has concluded that, in its recent decisions, the High Council of Justice has, without legal grounds, called into question the right of bar self-governing bodies to protect the guarantees of legal practice and has, in effect, attempted to grant one of its members — who retains the status of an advocate — special immunity from the Rules of professional conduct and disciplinary responsibility.
Announcements
The Bar Council of Ukraine begins its meeting
Today, April 2, a meeting of the Bar Council of Ukraine is taking place in Kyiv. On the agenda are issues related to the activities of bar self-governing bodies, consideration of a decision by the High Council of Justice, a number of appeals, as well as a discussion of the current state and pressing issues regarding the functioning of the legal aid system.
Interaction
The UNBA and the National Guard have agreed to cooperate on legal protection for military personnel
Servicemembers of the National Guard, their family members, and veterans are to receive additional legal tools to protect their rights, while the National Guard’s legal services will receive methodological and expert support.
Publications
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates