Judge of the Constitutional Court of Ukraine Vasyl Lemak: “If a norm of the law violates the principles and values of the Constitution of Ukraine, the Court must have its say”
On December 17, Judge of the Constitutional Court of Ukraine Vasyl Lemak took part in the international scientific-practical conference “Anticorruption Crisis in Ukraine: Origins, Outcomes and Lessons Learned. IV Kyiv Polilogue”.
During the event, representatives of public authorities, international community, civil society and academics discussed the causes of the anticorruption crisis in Ukraine, the role of constitutional justice in overcoming its consequences, as well as the modernisation of anticorruption policy.
Within the framework of the discussion, Vasyl Lemak expressed his position on the legal 
anticorruption effectiveness. According to the Judge of the Constitutional Court of Ukraine, the country stopped half a step from the escalation of a real constitutional crisis. This case provides an opportunity for parliament to improve a special law on the prevention of corruption. He stressed the importance of transferring most of the regulations on full verification of declarations and monitoring the lives of officials and judges to the legislative level, as provided by the Constitution of Ukraine: “The activities of state body to detect signs of violations in the behaviour of citizens cannot be based on bylaws.”
The Judge of the Constitutional Court of Ukraine focused on the issue of “conflict of interest”. According to him, it is necessary to distinguish between “conflict of interest” in administrative activities and “conflict of interest” that arises in the administration of justice. He stressed that, of course, judges, as holders of power, should be examined for their property and income, but such an inspection may not look like an impact on the administration of justice by a judge.
According to Vasyl Lemak, “interference” in the legislative activity of parliaments by declaring laws unconstitutional is explicitly provided by the constitutional powers of the constitutional courts. However, the court's position must provide proper substantiation and clear argumentation. Despite the fact that some issues considered by the Constitutional Court of Ukraine are quite ambiguously perceived by society, the Court must have its say if the norms of the laws violate the principles and values of the Basic Law of the State. This is its constitutional duty.
The event was organised by the OSCE Project Co-ordinator in Ukraine in co-operation with the High Anticorruption Court and the V. Koretskyy Institute of State and Law of the National Academy of Sciences of Ukraine.
