Delegation of the Constitution Court of Georgia paid a working visit to the Constitutional Court of Ukraine

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Delegation of the Constitution Court of Georgia paid a working visit to the Constitutional Court of Ukraine

On December 18-19, 2016 delegation of the Constitution Court of Georgia headed by the Vice-President of the Constitutional Court of Georgia Teimuraz Tughushi paid a working visit to the Constitutional Court of Ukraine. The visit was co-organised by the  OSCE Project Co-ordinator in Ukraine.

On December 18, 2016  the Chairman of the Constitutional Court of Ukraine Yurii Baulin and judge of the Constitutional Court of Ukraine Stanislav Shevchuk held a meeting with the Vice-President of the Constitutional Court of Georgia Teimuraz Tughushi, Head of the Department of Research and Legal Provision of the Constitutional Court of Georgia Irakli Ksovreli, senior advisor of the Department of Research and Legal Provision of the Constitutional Court of Georgia Ana Tchiabrishvili.

The visit was the continuation of traditional Ukrainian and Georgian meetings concerning the exchange of experience between the bodies of constitutional jurisdiction of both countries.

During the meeting there was determined plan of the roundtable during which Georgian colleagues, who have extensive experience with the constitutional complaint had an opportunity to talk about the mechanism of its functioning in Georgia.

On December 19, 2016 a round table at the Constitutional Court of Ukraine was attended by the Georgian guests as well as by the Chairman of the Constitutional Court of Ukraine Yurii Baulin, judges of the Constitutional Court of Ukraine Serhii Vdovichenko, Mychailo Hultai, Oleksandr Kasminin, Victor Kolisnyk, Victor Kryvenko, Oleksandr Lytvynov, Mykola Melnyk, Volodymyr Moisyk, Serhii Sas, Oleksandr Tupytskyi, representatives of the OSCE Project Co-ordinator Office in Ukraine Oleksandr Vodyannikov, Vitalii Gatseliuk, Associate Professor of the Department of Constitutional Law of the Law Faculty of Ivan Franko Lviv National University Serhii Riznyk, Head of the Secretariat of the Constitutional Court of Ukraine Yaroslav Vasylkevych, first Deputy Head of the Secretariat of the Constitutional Court of Ukraine Larysa Biriuk, heads of departments, staff of the Expert and Legal Department of the Secretariat of the Constitutional Court of Ukraine, services of judges of the Constitutional Court of Ukraine.

During the round table, Vice-President of the Constitutional Court of Georgia Teimuraz Tughushi stressed that the constitutional courts of Georgia and Ukraine are united by long-term cooperation. He was pleased to note that a constitutional complaint was introduced in Ukraine, and stated that in Georgia the constitutional complaint has been applied since the very beginning of the functioning of the Constitutional Court of Georgia, that is for 20 years.

Senior advisor of the Department of Research and Legal Provision of the Constitutional Court of Georgia Ana Tchiabrishvili told about the practice of constitutional complaint in the Constitutional Court of Georgia, in particular, she described the stages of the document flow, its publication on the official website of the Court, obligatory elements of the Court's judgment etc.

During the round table the National Legal Advisor, Head of the Department of the Rule of Law of the OSCE Project Co-ordinator in Ukraine, consultant of the Constitutional Comission Oleksandr Vodyannikov delivered a report: “Exhaustion of Domestic Remedies of Judicial Protection: International Standards”. He told about the main points contained in Article 151ˡ of the Constitution of Ukraine that entered into force on September 30 this year, and dwelt upon the genesis of the meaning of domestic remedies of legal protection in the international law, the purpose of this principle and how this principle is applied by the European Court of Human Rights.

Associate Professor of the Department of Constitutional Law of the Law Faculty of Ivan Franko Lviv National University Serhii Riznyk delivered a report: “Constitutional Complaint in Ukraine: Obvious Perspectives and Unexpected Risks”.

During the round table Georgian colleagues together with judges of the Constitutional Court of Ukraine and staff of the Secretariat of the Court discussed a number of issues that are particularly associated with the organizational process of consideration of the constitutional complaint (registration, stages, procedure of the previous study) and its content part (content and components of the ruling on inadmissibility of the constitutional complaint, decision on its review, the enforcement of the Court's decisions, etc.), as well as those concerning the format of cooperation of the apparatus and judges of the Court concerning the progress of the constitutional complaint.

 

Developed with the support of OSCE Project Co-ordinator in Ukraine
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