Judge of the Constitutional Court of Ukraine Viktor Horodovenko took part in the events dedicated to the 25th anniversary of the Constitution of the Kyrgyz Republic
21.04.2018
On April 19-20, 2018 the Judge of the Constitutional Court of Ukraine Viktor Horodovenko took part in the international conference “Supremacy of the Constitution and its direct force: ensuring the legal protection of the Constitution” on the occasion of the 25th anniversary of the Constitution of the Kyrgyz Republic which was held in Bishkek.
The event was attended by the Chairmen and Judges of the constitutional jurisdiction bodies of 11 countries, deputies of the Supreme Council), the President of the Supreme Court, representatives of the Presidential Administration, the Government Office, other state bodies, academic circles, international organisations, experts, etc.
The President of the Constitutional Chamber of the Supreme Court of the Kyrgyz Republic, Erkinbek Mamyrov inaugurated the international conference and mentioned that this conference was held on th
e eve of the 25th anniversary of the Constitution of the Kyrgyz Republic. For a quarter of a century, the Constitution has been repeatedly amended, which resulted in the two revolutions. The President of the Constitutional Chamber stressed that following frequent changes and amendments, the Basic Law of the country was deformed and lost its structural stiffness, resulting in a blurred system of checks and balances. "In such situation, discussions regarding the constitutionality and the supremacy of the Constitution became only a declaration", added the President of the Constitutional Chamber. That is why, in his opinion, understanding the essence of the Constitution, its purpose in society and the state is very significant.
Erkinbek Mamyrov emphasised that the supremacy of the Constitution is characterised not only by its place in the legal system of the country, but also by the constitutional priority in society and the state, which is oriented towards respect, recognition and observance of the provisions of the Constitution by all participants of social relations. "The future depends largely on the loyalty of the Constitution and the ability to live according to the Constitution", added the President of the Constitutional Chamber.
The speaker also stressed that the history and practical experience of many states confirms the impossibility of establishing an effective constitutional regime in the country without proper provision and enforcement of the supremacy Constitution, which, in its turn, once again confirms the relevance of the chosen topic for the conference.
The Head of the Office of the President of the Kyrgyz Republic Muhammetkaliy Abulgaziyev, the Prime Minister of the Kyrgyz Republic Sapar Isakov, the Chairperson of the Supreme Court of the Kyrgyz Republic Ainash Tokbaeva, Chargé d'affaires a.i. of the European Union Delegation to the Kyrgyz Republic Ora Jaap, the representative of the European Commission "For Democracy through Law "(Venice Commission) Alexandru Tănase greeted the participants.
The event envisaged three sessions, during which the participants discussed the role of constitutional control in ensuring the rule of the constitution, constitutional control as the most important form of ensuring constitutional stability in the state, and the significance of the decisions of the constitutional control body in understanding the essence and content of the Constitution.
Within the framework of the second session, Judge of the Constitutional Court of Ukraine Viktor Horodovenko presented a report on "The principle of a friendly attitude to international law as a means of national constitutional control in legal protection of the supremacy of the Constitution of Ukraine". He explained that examples from the practice of Ukrainian constitutional justice give ground to assert that the principle of a friendly attitude to international law is applied for a comprehensive and profound understanding of the constitutional principles, as well as protecting constitutional rights and freedoms, which provides more effective legal protection of these constitutional values as part of the supremacy of the Constitution of Ukraine.
Viktor Horodovenko noted that the application of the principle of a friendly attitude to international law by the Constitutional Court of Ukraine is aimed at ensuring the rule of the Constitution of Ukraine. This should not mean substituting its supremacy or pursuing an antagonistic position in relation to the stated principle in this regard stressed Judge of the Constitutional Court of Ukraine.
It is the harmonious use of this principle by the body of constitutional jurisdiction, by achieving consistency between the fulfilment of international obligations and the protection of the supremacy of the constitutional order in general, that may indicate its use as a means of legal protection of the supremacy of the Constitution of Ukraine.
The report of Viktor Horodovenko reflected the doctrinal view of the Constitutional Court of Ukraine on the application of international law while preserving the supremacy of the Constitution provoked great interest among the participants of the event.
During the international conference the President of the Conference of the Bodies of Constitutional Control of the Countries of New Democracies, the Chairman of the Constitutional Council of the Republic of Kazakhstan Kairat Mami, the President of the Constitutional Chamber of the Supreme Court of the Kyrgyz Republic Erkinbek Mamyrov, the Judge of the Constitutional Court of the Federal Republic of Germany Herbert Landau, the representative of the European Commission "For Democracy through the right "(Venice Commission) Alexandru Tănase, yjr Judge of the Constitutional Court of the Republic of Korea Cho Yongho, the President of the Constitutional Court of Saxony-Anhalt Winfried Schubert, the Chairman of the Constitutional Court of the Republic of Tajikistan Mahkam Mahmudzoda, Judge of the Constitutional Court of the Republic of Uzbekistan Bakhtiyor Miralimov, the Judge of the Constitutional Court of the Republic of Turkey Ridvan Gulec, the Judge of the Constitutional Court of Mongolia Ganzorig Dondov, Ombudsman of Kyrgyz Republic Kubat Otorbayev and others presented their reports.
Judge of the Constitutional Court of Mongolia Ganzorig Dondov noted that the bodies of constitutional control are a powerful mechanism for protecting fundamental human rights, the rule of law and the Constitution. He stressed that without them the Constitution would be just a norm with a sign of proclamation, the collection of fundamental, political and legal concepts.
The Chairman of the Constitutional Council of the Republic of Kazakhstan Kairat Mami emphasised the importance of creating necessary conditions for the formation of constitutional practice which corresponds to the letter and spirit of the Basic Law. This is necessary to ensure the real effect of constitutional norms and their equal application.
Presentations were followed by a lively discussion among the participants of the international event which was organised by the Constitutional Chamber of the Supreme Court of the Kyrgyz Republic with the support of the European Union project "Promoting the Rule of Law in the Kyrgyz Republic".
