The Decision of the Assembly of Judges of the Constitutional Court of Ukraine
The Assembly of Judges of the Constitutional Court of Ukraine were held at the Constitutional Court of Ukraine. The Assembly considered the draft of the procedure for conducting a full verification of the declaration submitted by a judge of the Constitutional Court of Ukraine and the draft of the procedure for monitoring the lifestyle of a judge of the Constitutional Court of Ukraine.
Below is the text of the Decision of the Assembly of Judges of the Constitutional Court of Ukraine.
DECISION
OF THE ASSEMBLY OF JUDGES CONSTITUTIONAL COURT OF UKRAINE
on the draft procedure for full verification of the declaration submitted by a judge of the Constitutional Court of Ukraine and the draft procedure for monitoring the lifestyle of a judge of the Constitutional Court of Ukraine
Kyiv, February 23, 2021
The Constitutional Court of Ukraine has received from the National Agency for the Prevention of Corruption (hereinafter - the National Agency) drafts of the procedure for conducting a full verification of the declaration of a person authorised to perform state or local self-government functions submitted by a judge of the Constitutional Court of Ukraine (entry No.13/162 of January 29, 2021), and the procedure for monitoring the lifestyle of a judge of the Constitutional Court of Ukraine (entry No.13/163 of January 29, 2021) (hereinafter - draft procedures), prepared to meet the requirements of Article 522.1 of the Law of Ukraine "On Prevention of Corruption" of October 14, 2014 №1700-VII, paragraph 3 of Section II "Final and Transitional Provisions" of the Law of Ukraine «On Amendments to the Law of Ukraine "On Prevention of Corruption" on restoration of the institutional mechanism for the prevention of corruption» of December 15, 2020 №1079–IX.
Having considered the draft procedures, the Assembly of Judges of the Constitutional Court of Ukraine considers it necessary to note the following.
In accordance with the provisions of paragraphs one and two of Article 149 of the Constitution of Ukraine, the independence and inviolability of a judge of the Constitutional Court of Ukraine are guaranteed by the Constitution and laws of Ukraine; any influence on a judge of the Constitutional Court of Ukraine is prohibited.
According to the provisions of Article 153 of the Constitution of Ukraine, the status of judges of the Constitutional Court of Ukraine is determined by the Constitution of Ukraine and the law.
The provisions of the Law of Ukraine "On the Constitutional Court of Ukraine" also establish that the status of a judge of the Constitutional Court of Ukraine is determined by the Constitution of Ukraine and this law (Article 18.1).
In the Decision of October 27, 2020 No.13-r/2020, the Constitutional Court of Ukraine noted that "according to the standards of constitutionalism and the values of the Constitution of Ukraine, the control of the executive branch over the judiciary is excluded" (paragraph four of item 12 of the motivating part); "Any forms and methods of control in the form of inspections, monitoring, etc. of the functioning and activities of courts and judges should be implemented only by the judiciary and exclude the establishment of such bodies in the system of both executive and legislative power" (paragraph three of item 8 of the motivating part).
The Constitutional Court of Ukraine in its Decision of December 20, 2018 No.13-r/2018 stated that "according to the Basic Law of Ukraine, the decisions of the Constitutional Court of Ukraine are binding and final, therefore, after their publication, the legal positions of the Constitutional Court of Ukraine set out in them, being in normative unity with the provisions of the Constitution of Ukraine interpreted in these decisions, become direct regulators of public relations, in particular determine the content and scope of constitutional rights and freedoms" (paragraph two of item 2.2.4 of the motivating part).
European Commission for Democracy through Law (Venice Commission) in the Urgent Joint Opinion of the Venice Commission and the Directorate General for Human Rights and Rule of Law of the Council of Europe on the Legislative Situation on Anti-Corruption Mechanisms following the Constitutional Court of Ukraine Decision No.13-r/2020 (of December 9, 2020 No.1012/2020) stressed that the fight against corruption is one of the most essential elements in a state governed by the rule of law, but so is respect for the Constitution and for constitutional justice; they go hand in hand; Parliament and the executive must respect the role of the Constitutional Court as gatekeeper of the Constitution and need to implement its decisions (paragraph 72).
Given the above, the Assembly of the Constitutional Court of Ukraine judges emphasises that the peculiarities of full verification of declarations, monitoring the lifestyle of judges of the Constitutional Court of Ukraine relate to guarantees of independence and legal status of a judge of the Constitutional Court of Ukraine, and the National Agency had evaded the execution of the rules of Article 522 of the Law of Ukraine "On Prevention of Corruption".
Based on the above and guided by Article 22 of the Law of Ukraine "On the Constitutional Court of Ukraine", the Assembly of the Judges of the Constitutional Court of Ukraine
r u l e d:
1. To refuse the National Agency for the Prevention of Corruption to approve the draft "procedure for full verification of the declaration of a person authorised to perform state or local self-government functions submitted by a judge of the Constitutional Court of Ukraine" and the draft "procedure for monitoring the lifestyle of a judge of the Constitutional Court of Ukraine" since they do not comply with the provisions of the Constitution of Ukraine, the Law of Ukraine "On the Constitutional Court of Ukraine", the Law of Ukraine "On Prevention of Corruption", as well as the legal positions of the Constitutional Court of Ukraine.
2. To propose to the National Agency for Prevention of Corruption within the terms established by the Law of Ukraine «On Amendments to the Law of Ukraine "On Prevention of Corruption" on restoration of the institutional mechanism for the prevention of corruption», to bring the draft "procedure for full verification of the declaration of a person authorised to perform state or local self-government functions submitted by a judge of the Constitutional Court of Ukraine" and the draft "procedure for monitoring the lifestyle of a judge of the Constitutional Court of Ukraine" in accordance with the Constitution of Ukraine, the Law of Ukraine "On the Constitutional Court of Ukraine", the Law of Ukraine "On Prevention of Corruption", as well as the legal positions of the Constitutional Court of Ukraine.
THE ASSEMBLY
OF JUDGES OF THE CONSTITUTIONAL COURT OF UKRAINE
