Zelensky proposes terminating powers of all Constitutional Court judges
Ukrainian President Volodymyr Zelensky has submitted a bill to the Verkhovna Rada proposing to terminate the powers of all Constitutional Court judges.
According to Ukrinform, the bill “On Restoration of Public Confidence in the Constitutional Judiciary” has been posted on the website of the Verkhovna Rada.
The document proposes to recognize that the Constitutional Court decision of October 27, 2020 is null and void (not creating any legal consequences) and the one that was adopted by the judges of the Constitutional Court amid a real conflict of interest.
“The Law of Ukraine ‘On Corruption Prevention’ and the Criminal Code of Ukraine, from the date of entry into force of this Law, have the wording that was in force before the Constitutional Court of Ukraine decision No. 13-r/2020 of October 27, 2020, in case No. 1-24/2020(393/20),” the bill reads.
In addition, it is envisaged that the powers of the composition of the Constitutional Court will be terminated from the date of entry into force of this law.
“The subjects of appointment of judges of the Constitutional Court of Ukraine shall immediately begin the selection procedure on a competitive basis with the further appointment, in the manner prescribed by the Constitution of Ukraine and the Law of Ukraine ‘On the Constitutional Court of Ukraine,’ of the new Constitutional Court of Ukraine,” the bill reads.
The explanatory note to the document states that it was drafted to ensure compliance with the constitutional order in Ukraine and to prevent the usurpation of power by judges of the Constitutional Court.
On October 27, the Constitutional Court declared unconstitutional Article 366-1 of the Criminal Code of Ukraine that provides for punishment for inaccurate declaration of assets.
In particular, the article establishes liability in the form of a fine or imprisonment for the submission by subjects of declaration of deliberately inaccurate information in the asset declarations of persons authorized to perform the functions of the state or local government.
On October 28, the National Agency on Corruption Prevention (NACP) closed access to the unified state register of asset declarations in pursuance of a ruling of the Constitutional Court of Ukraine. The NACP stated that Constitutional Court judges had made this decision in their own interests, as the agency found signs of some of them declaring inaccurate information.
On October 29, President Volodymyr Zelensky convened an urgent closed-door meeting of the National Security and Defense Council to determine measures for the immediate proper response of the state to new threats and challenges to national security and defense.