A Meeting with the Representatives of the Constitutional Court of Ukraine Held at the Constitutional Curt of Ukraine

Версія для друку

Today, 4 October, Deputy Chairman of the Constitutional Court of Ukraine Serhiy Holovaty met with the representatives of the Department for the Execution of Judgments of the European Court of Human Rights of the Directorate General of Human Rights and Rule of Law of the Council of Europe.

The meeting was attended by the Head of the Division of the Department for the Execution of Judgments of the European Court of Human Rights of the Directorate General of Human Rights and Rule of Law of the Council of Europe Pavlo Pushkar, Head of the Council of Europe Office in Ukraine, Representative of the Secretary General of the Council of Europe on the coordination of cooperation programmes of the Council of Europe Steen Nørlov and the lawyer of the Division of the Department for the Execution of Judgments of the European Court of Human Rights of the Directorate General of Human Rights and Rule of Law of the Council of Europe Olha Dubynska.

The participants of the meeting discussed the current state of execution of the ECHR judgments by Ukraine and the problematic issues pending before the Committee of Ministers of the Council of Europe.

In this context, Pavlo Pushkar noted that the Department of Execution of ECHR Judgments of the Directorate General on Human Rights and Rule of Law of the Council of Europe positively assessed the Decision of the Constitutional Court of Ukraine of 16 September 2021 No. 6-r(II)/2021 in the case on the review of sentence of individuals sentenced to life imprisonment. In the opinion of the Council of Europe representatives, this is a good marker of implementation of the European standards by the Constitutional Court of Ukraine in some very sensitives fields of the legal life of Ukraine.

Deputy Chairman of the Constitutional Court of Ukraine Serhiy Holovaty stressed that the said decision is based on the documents of international law, in particular the 1950 European Convention of Human Rights, the 1945 Charter of the United Nations, the 1948 Universal Declaration of Human Rights, the 1966 International Covenant on Civil and Political Rights, the 1966 International Covenant on Economic, Social and Cultural Rights, the Resolution of the Committee of Ministers of the Council of Europe “On the treatment of long-term prisoners“ of 17 February 1976 No. (76)2, the Recommendation of the Committee of Ministers of the Council of Europe on conditional release (parole)“ of 24 September 2003 No. Rec(2003)22, as well as the ECHR and the ECJ case-law. In its Decision, the Constitutional Court of Ukraine also took into account the case-law of the bodies of constitutional jurisdiction of the European countries and the academic doctrine of the Western world.

The interlocutors exchanged opinions on the possible areas of strengthening the bilateral cooperation, in particular, possible drafting the Methodology of application the ECHR case-law and the decisions of the Committee of Ministers of the Council of Europe, as well as the expediency of drafting the English-Ukrainian dictionary on terminology and doctrinal notions contained in the Council of Europe documents which would improve the quality of translation of the texts the ECHR judgments.

The parties expressed readiness for future cooperation.

       

 

04.10.2021

 

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