Overview of the First Issue of the Bulletin of the Constitutional Court of Ukraine
The first issue of the national periodical "Bulletin of the Constitutional Court of Ukraine" was published, in which readers can get acquainted with information about the activities of the Constitutional Court of Ukraine, acts adopted by the Court, as well as scientific articles by constitutional lawyers, scholars on the theory and practice of constitutional jurisdiction.
The front pages of the publication present the biography of Viktor Kychun, Candidate of Legal Sciences, Associate Professor, Judge of the Constitutional Court of Ukraine, who was appointed to the position of a judge of the Constitutional Court of Ukraine on February 18, 2021 by the Verkhovna Rada of Ukraine.
The traditional section of the Bulletin "Acts of the Constitutional Court of Ukraine" contains rulings adopted by the Boards of Judges of the First and Second Senates of the Court on the refusal to initiate constitutional proceedings in cases upon constitutional complaints.
In the section "Theory and Practice of Constitutional Jurisdiction" readers can read an article by Doctor of Legal Sciences, Professor, Corresponding Member of the National Academy of Legal Sciences of Ukraine, Judge of the Constitutional Court of Ukraine Viktor Horodovenko, which examines the constitutional and legal aspect of institutional independence of the judiciary in Ukraine which is comprehended in the light of international standards for understanding such independence. Given the possibility of a strong in content and large-scale impact of the legislator on the judiciary, the latest trends in its protection in the practice of the Constitutional Court of Ukraine, the author concludes that there are signs of crisis in the relationship between the legislative and judicial branches of government, which is a consequence of interference in the institutional independence of the judiciary.
In his article "General Theoretical Aspects of Ensuring Predictability of Court Decisions" Professor of the Department of Constitutional, International and Criminal Law of Vasyl Stus Donetsk National University, Doctor of Legal Sciences, Professor Roman Hryniuk and Judge of Vinnytsia District Administrative Court Pavlo Komar cover issues that seem promising in terms of the possibility of their impact on public trust in the judiciary and the establishment of the rule of law.
The authors argue that currently the state of Ukrainian legislation does not comply with the principle of legal certainty, in particular due to non-compliance with the rules of legal technique, insufficient use of legal hermeneutics as a scientific methodology for studying legal texts in the absence of official interpretation of the laws of Ukraine by the Constitutional Court of Ukraine.
Judge of the Constitutional Court of Ukraine, Candidate of Legal Sciences Halyna Yurovska and Chief Consultant of the Division of Legal Support of Consideration of Constitutional Complaints of the Constitutional Complaints Processing Department of the Legal Directorate of the Secretariat of the Constitutional Court of Ukraine, Candidate of Legal Sciences Larysa Zhdankina presented the article "Human Dignity and Gender Equality: Constitutional Metamorphoses."
The article, based on the analysis of acts of the Constitutional Court of Ukraine and in terms of convention standards on fundamental human rights, dignity and value of human personality, equality of men and women, examines the main characteristics of dignity as an integral feature of each person and fundamental value to be protected.
"The concept of dignity is a universal phenomenon that emphasises the importance of the individual as a representative of the human race, reflects its value. As a constitutional and legal category, dignity is a constitutional value that, through the criteria of morality, reflects the uniqueness and superiority of a person, which from the moment of his/her birth is the same and equal to the dignity of all other people. Regardless of social origin, other personal features or characteristics (race, beliefs, gender, views, property status, etc.), a person has dignity (possesses it), which must be respected by all others," the authors note.
The section "Discussions" presents the article of the lawyer, PG student at the Department of International Relations at the University of Perugia (Italy) Yaroslav Kurgun "Constitutional Crisis or Crisis of Constitutionalism." The article argues that without understanding and taking into account the essence of constitutionalism as a legal reflection of the evolution of society, calls to change the constitution by manipulating legal terms and political slogans are an attempt to weaken and legally collapse the vertical and horizontal structures of power in Ukraine. The author calls on a wide range of experts - not only lawyers, but also economists and international mediators, to a dialogue, the result of which should be an economically and legally sound conclusion aimed at preservation of national interest.
The section "External Relations of the Constitutional Court of Ukraine" provides information on the participation of the Chairman, judges of the Constitutional Court of Ukraine, employees of the Secretariat of the Court in international scientific events, trainings and professional meetings held online in December 2020.
A separate part of the publication is devoted to information on budget execution by the Constitutional Court of Ukraine for 2020.
