PRESS-SERVICE
of CONSTITUTIONAL COURT of UKRAINE
01033, Kyiv, Zhilyanska, 14
tel. 238-10-80, 238-11-38
fax. 287-36-16
Chairman and Judges of the Constitutional Court of Ukraine took part
in the XII Extraordinary Congress of Judges of Ukraine
On June 19, 2014 the XII Extraordinary Congress of Judges of Ukraine took place in Kyiv. The event was attended by the Chairman of the Constitutional Court of Ukraine Yurii Baulin, delegates of the Constitutional Court of Ukraine Serhii Vdovichenko, Nataliia Shaptala, Viktor Shyshkin and Judges of the Constitutional Court of Ukraine earlier elected under the Congress’ quota who were invited as participants of the Congress.
According to the agenda, the delegates were to adopt a number of decisions related to personnel in the judiciary, including rotation of judges of the Constitutional Court of Ukraine, elected under the quota of the Congress of Judges of Ukraine.
In view of the above, Yurii Baulin, who had been elected to the Presidium of the Congress, addressed the delegates clarifying the positions of the Constitutional Court of Ukraine and international legal organisations in relation to the Resolution of Verkhovna Rada of Ukraine dated February 24, 2014 № 775-VII, by which People’s Deputies recommended that the Congress of Judges of Ukraine should early dismiss five judges of the Constitutional Court. The Chairman of the Constitutional Court of Ukraine emphasised that with regard to the above Resolution the situation around the Constitutional Court of Ukraine sparked a loud outcry and concern on the part of both domestic and European lawyers. From the standpoint of international and European approaches towards the functioning of the institutes of justice and the state power system in general, the measures taken against the judges of the Constitutional Court of Ukraine were unacceptable and ran contrary to the obligations of all branches of power in Ukraine to respect and protect the independence of the judiciary, said Yurii Baulin.
The Court’s Chairman is convinced that in the current crisis it is very important to adhere to the principle of the rule of law and separation of powers, and any disciplinary liability in respect of judges should be applied in the frame of observance of judicial independence, based on the established standards of judicial conduct and implemented only after fair investigation with observance of all rights of judges. This opinion was shared by the International Commission of Jurists - an advisory body to UNESCO, which aims to support and develop the rule of law and the legal protection of human rights worldwide, and Association of Judges of the Constitutional Court of Ukraine.
Yurii Baulin also reminded about guarantees of independence and immunity of judges established by the Constitution of Ukraine and the Law of Ukraine "On the Constitutional Court of Ukraine", including that judges of the Constitutional Court of Ukraine are not legally liable for the results of the voting or statements at the Constitutional Court of Ukraine and its collegia, except for liability for insult or defamation when considering cases, adopting decisions and opinions of the Constitutional Court of Ukraine.
The Chairman assured that he deeply shared aspiration of the society to restore public confidence in the judiciary in Ukraine and believed that the appropriate personnel changes in the judiciary should take place with the observance of the principles of constitutional legality and with account of the time-proven European experience.
During the Congress the delegates considered and took into account all legal arguments and decided to remove from the agenda the issue of dismissal of the judges of the Constitutional Court of Ukraine Mykhailo Hultai, Vasyl´ Bryntsev, Mykhailo Zaporozhets´, Oleg Serheichuk and Nataliia Shaptala elected under the Congress’ quota. Consideration of other items on the agenda was continued.
