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

Advocacy
12:02 Tue 01.12.20 385 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

The UNBA presented the CCBE with an overview of legal reform and challenges

European integration

The UNBA presented the CCBE with an overview of legal reform and challenges

Reform of the legal profession, Ukraine’s European integration commitments, guarantees of the profession’s independence, and practices of bar self-governance in European countries — these issues were the subject of discussion at the Council of Bars and Law Societies of Europe (CCBE).

14:39 Mon 01.06.26 143
The UNBA is compiling the findings of the subgroups regarding the implementation of the Rule of Law Roadmap

Rule of Law Roadmap

The UNBA is compiling the findings of the subgroups regarding the implementation of the Rule of Law Roadmap

Today, May 28, the Ukrainian National Bar Association hosted a meeting of the Coordination Bureau of the Working Group on the implementation of the Rule of Law Roadmap regarding the reform of the advocacy profession. Following a series of meetings by thematic subgroups, the work is now moving to the stage of consolidating proposals and preparing a coordinated package of recommendations.

18:53 Thu 28.05.26 118
UNBA discussed removing barriers at border crossings for families with children with disabilities

Discussion

UNBA discussed removing barriers at border crossings for families with children with disabilities

Families of children with disabilities face additional requirements when traveling abroad, particularly regarding consular registration. What is happening and what changes are needed to remove these obstacles were discussed during the roundtable «Borders without barriers for families of children with disabilities».

17:13 Thu 28.05.26 119
New rules, old problems: the UNBA discussed the work of the ETAIDF and MMC

Discussion

New rules, old problems: the UNBA discussed the work of the ETAIDF and MMC

The reform of medical-social assessment and military medical commissions has changed procedures but has not resolved practical issues. People face situations where documents are not issued, decisions are based on technicalities, assessments are delayed, and they struggle to demonstrate their actual health status in specific life situations.

16:18 Wed 27.05.26 130
Co-parenting shouldn't be reduced to a 50/50 formula, — roundtable discussion

Discussion

Co-parenting shouldn't be reduced to a 50/50 formula, — roundtable discussion

Following a divorce, joint custody can serve as a mechanism for ensuring equal parental rights. However, this model requires clear criteria and cannot be applied automatically without taking into account the child’s age, the level of conflict between the parents, the risk of violence, and the feasibility of enforcing the future decision.

17:02 Wed 20.05.26 138
Penalties for errors in military registration require clear rules, – UNBA

Legislation

Penalties for errors in military registration require clear rules, – UNBA

The liability of officials for violations of military registration rules must be legally defined, proportionate, and effectively enforceable. Otherwise, the new fines will not protect citizens from registration errors but will create additional risks.

18:14 Mon 18.05.26 173
How an advocate can find clients when starting a legal practice

Educational events

How an advocate can find clients when starting a legal practice

Starting a law practice undoubtedly requires professional knowledge. At the same time, a clear understanding of one’s own area of specialization, clients, and communication channels is essential for success.

10:45 Mon 18.05.26 101
Lidiya Izovitova: In the context of European integration reforms, advocacy is a partner of the state, not a target of reform

European integration

Lidiya Izovitova: In the context of European integration reforms, advocacy is a partner of the state, not a target of reform

The war has significantly altered the working conditions for advocates, while European integration has presented the profession with new institutional challenges. The ongoing negotiation process covers issues such as the rule of law, judicial independence, fundamental rights, justice, freedom and security.

15:13 Fri 15.05.26 196

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

Оберіть файл