Valentyn Hvozdiy: unconstitutional provisions of any law must be immediately removed by the Parliament

Advocacy
12:02 Tue 01.12.20 348 Reviews
Print

             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

Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation

Interaction

Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation

Servicemembers, reservists, conscripts during training exercises, members of local community volunteer units, and other individuals covered by the Law «On the Military Ombudsman» should have better access to professional legal assistance.

9:59 Fri 27.03.26 101
Reform without data and advocacy: what the Ministry of Justice’s launch has revealed

Rule of Law Roadmap

Reform without data and advocacy: what the Ministry of Justice’s launch has revealed

The Ministry of Justice hosted the first meeting of the working group on bar reform. But instead of professional preparation of legislative changes, we saw exactly what Armada Network Director Dale Armstrong had spoken about the day before in Kyiv: not reform, but a struggle for control over the agenda through a narrow circle of “stakeholders” who create an echo chamber of influence for themselves.

16:42 Mon 23.03.26 138
Advocacy, European integration and the limits of intervention: an American report presented in Kyiv

Rule of Law Roadmap

Advocacy, European integration and the limits of intervention: an American report presented in Kyiv

Following its presentation in Brussels, the report «The Ukrainian advocacy in the context of the rule of law and European integration» made its way to Kyiv. It highlighted critical issues both in understanding the very nature of the self-governing profession and in the emergence of a «shadow market» surrounding the Ukrainian advocacy.

15:26 Fri 20.03.26 149
ETAIDF and MMC: where the system fails

Discussion

ETAIDF and MMC: where the system fails

The new system for assessing a person’s daily functioning and the practice of undergoing medical-legal examinations have already raised numerous questions — ranging from unclear procedures to difficulties in appealing decisions. These issues were examined by advocates during the roundtable discussion «Problematic issues of the ETAIDF and MMC», organized by the UNBA Committee on the protection of the rights of persons with disabilities and the All-Ukrainian public organization «Human rights union of persons with disabilities».

13:58 Thu 19.03.26 112
Access to the advocate profession: a subgroup has identified the direction of change

Rule of Law Roadmap

Access to the advocate profession: a subgroup has identified the direction of change

On Monday, March 16, a meeting was held of the subgroup «Access to the profession and training of advocates. Organizational forms of legal practice» of the Working Group on the implementation of the Rule of Law Roadmap.

18:14 Wed 18.03.26 107
Organization of advocacy: subgroup agrees on approaches to regulatory reform

Rule of Law Roadmap

Organization of advocacy: subgroup agrees on approaches to regulatory reform

On March 13, a meeting was held of the «Organization of the advocacy and self-government» subgroup of the Working Group on the implementation of the Rule of Law Roadmap regarding bar reform. The event was conducted via videoconference.

18:03 Mon 16.03.26 130
Ukraine has signed the Convention for the Protection of the Profession of Lawyer

Guarantees of the practice of law

Ukraine has signed the Convention for the Protection of the Profession of Lawyer

Today, on 9 March, Ukraine's Permanent Representative to the Council of Europe Mykola Tochytskyi signed the Council of Europe Convention for the Protection of the Profession of Lawyer. This makes our country the 28th to sign this important international treaty.

13:58 Mon 09.03.26 358
The subgroup on European integration held its inaugural meeting

European integration

The subgroup on European integration held its inaugural meeting

On March 5, the Ukrainian National Bar Association hosted a meeting of the subgroup of the Working Group on the implementation of the Roadmap on the rule of law in terms of reforming the advocacy sector, entitled «European integration, international practice and digitalization».

10:57 Fri 06.03.26 101

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

Оберіть файл