The International Conference “The Protection of Human and Citizens’ Rights by Bodies
of the Constitutional Jurisdiction in the Current Context” was held in Yalta
On June 20, 2013 on the occasion of the 17-th anniversary of the Constitution of Ukraine in the Pillar Hall of the Chekhov Yalta Theatre there was started the two-day International Conference “The Protection of Human and Citizens’ Rights by Bodies of the Constitutional Jurisdiction in the Current Context”.
The representative scientific and practical event was held by the Constitutional Court of Ukraine under the auspices of the President of Ukraine and in co-operation with the European Commission “For Democracy Through 
Law” (Venice Commission), OSCE Project Co-ordinator in Ukraine and German Foundation for International Legal Co-operation.
The opening remarks were made by the Chairman of the Constitutional Court of Ukraine Anatolii Holovin.
The opening address and greetings for the participants of the international forum were made on behalf of the President of Ukraine Viktor Yanukovych and the Chairman of the Verkhovna Rada of Ukraine Volodymyr Rybak.
The President of Ukraine in his opening address which was read by the Minister of Justice Mr. Oleksandr Lavrynovych noted the symbolism of this event on the eve of the Day of the Constitution of Ukraine and in the year of the Presidency of Ukraine in the OSCE, one of whose priorities is the protection of human rights and freedoms. Thus, in the opening speech the important role of the Constitutional Court of Ukraine as the sole body of the constitutional jurisdiction was emphasised, which in its decisions influence on the system of legal relations, guaranteeing the protection of human and citizens’ rights and the supremacy of the Fundamental Law of Ukraine on the entire territory. The President of Ukraine expressed his confidence that the professional discussion of issues of the constitutional justice, the common search for way of their solutions, exchange of experience at this representative forum of the elite of the European and domestic constitutionalism will become the basis for resolving topical issues in the field of human and citizens’ rights. Viktor Yanukovych wished the participants of the conference fruitful work, interesting and constructive discussion and creative achievements.
Greetings on behalf of the Chairman of the Verkhovna Rada of Ukraine Volodymyr Rybak were announced by the Permanent Representative of the Verkhovna Rada of Ukraine at the Constitutional Court of Ukraine Anatolii Selivanov. The Chairman of the Parliament expressed his convincement that recommendations developed during the forum will help improve legislation protecting the rights and freedoms of Ukrainian citizens’. Now in Ukraine ongoing is the process of the modernisation of the Constitution of Ukraine, which provides the Constitutional Assembly, a process that requires deep scientific understanding and consideration of legal experience of both domestic and foreign scholars, said Mr. Rybak. He noted that the Yalta conference will consolidate the efforts of the legal community to ensure the proper guarantees of human rights and freedoms and will make a significant contribution to the improvement of the legal institutions of the constitutional justice.
The greetings to the participants of the international conference were also sent by the Chairman of the Council of Ministers of the Autonomous Republic of Crimea Anatolii Mohyliov, who stressed that the Constitutional Court of Ukraine reliably performs an important function of protection human and citizens’ rights. Therefore, as Mr. Mohyliov mentioned, the Crimean people are pleased to host representatives of nearly 20 bodies of constitutional jurisdiction of the European countries, international organisations and prominent Ukrainian scientists-constitutionalists, who gathered to share their experience on the problems of protection human and citizens’ rights and freedoms.
OSCE Project Co-ordinator in Ukraine Madina Jarbussynova, Deputy Director of the German Foundation for International Legal Co-operation Stefan Hülshörster, President of the Union of Lawyers of Ukraine Valerii Yevdokymov, Mayor of Yalta Serhii Ilash took floor with the opening remarks and wished successful work to all participants.
Chairman of the Constitutional Court of Ukraine Mr. Anatolii Holovin on behalf of the judges of the Constitutional Court of Ukraine sincerely welcomed the participants of the Conference and thanked the President of Ukraine Viktor Yanukovych, Prime Minister of Ukraine Mykola Azarov, Chairman of the Council of Ministers of the Autonomous Republic of Crimea Anatolii Mohyliov and Mayor of Yalta Serhii Ilash for their assistance in holding the conference and creating appropriate conditions for its participants.
Mr. Chairman also thanked the representatives of the bodies of constitutional jurisdiction of foreign countries, international organisations, scholars and representatives of the state bodies of Ukraine for agreeing to participate in the forum. He also added that scientific and practical information obtained during the forum will be carefully studied and its use will contribute to further improvement of the State mechanism to protect human and citizens’ rights and freedoms in Ukraine.
After the opening ceremony the plenary sessions began, which were attended by Deputy Chairmen of the Constitutional Court of Ukraine Yurii Baulin and Serhii Vynokurov, Judges of the Constitutional Court of Ukraine Serhii Vdovichenko, Mykhailo Hultai, Volodymyr Kampo, Mykhailo Kolos, Oleksandr Lytvynov, Maria Markush, Oleh Serheichuk, Oleksandr Paseniuk, Natalia Shaptala, Oleksandr Tupytskyi, former Judge of the Constitutional Court of Ukraine Andrii Stryzhak, Chairmen and Judges of bodies of constitutional jurisdiction of 17 countries: Armenia, Belarus, Bulgaria, Georgia, Hungary, Kazakhstan, Latvia, Lithuania, Macedonia, Moldova, Montenegro, Poland, Russia, Serbia, Slovakia, Turkey, delegates of international human rights organizations – Organisation for Security and Co-operation in Europe (OSCE), the Venice Commission of the Council of Europe, the European Court of Human Rights, the German Foundation for International Legal Co-operation.
The discussion also involved the representatives of state bodies of power of Ukraine, judicial system, National University “Law Academy of Ukraine named after Yaroslav Mudryi”, National Academy of Internal Affairs and other leading scientific and educational institutions of Ukraine, experts in constitutional law.
The Ukrainian side was represented by the Deputy Chairman of the Constitutional Court of Ukraine Yurii Baulin, who delivered his report on “The Protection of Human and Citizens’ Rights by the Constitutional Court of Ukraine: Problems and Prospects”. Doctor of Law, associate professor of the National University “Law Academy of Ukraine named after Yaroslav Mudryi” (Kharkiv), corresponding member of the National Academy of Legal Sciences of Ukraine Yurii Barabash delivered his report on “Social State and Social Rights in the Modern Conditions: the Constitutional and Legal Dimension”. Judge of the European Court of Human Rights Hanna Yudkivska delivered her welcoming speech to the participants of the Conference during the second day as well as a report on “Restrictions of the Constitutional Rights: the Implementation of the Principle of Proportionality by the Constitutional Courts and the European Court of Human Rights”. Other Ukrainians representatives shared their scientific ideas and best practices with foreign participants, among them Judges of the Constitutional Court of Ukraine Volodymyr Kampo, Mykhailo Kolos, Maria Markush, Oleksandr Paseniuk, former Judge of the Constitutional Court of Ukraine Mykhailo Kostytskyi, Permanent Representative of the Verkhovna Rada of Ukraine at the Constitutional Court of Ukraine Anatolii Selivanov, Head of the Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine Valentyn Mamutov, President of National Academy of Internal Affairs Valentyn Kovalenko, and other authoritative national laywers. They highlighted the issues of Ukrainian and European experience of constitutional justice, restoration by the bodies of the constitutional jurisdiction the violated human and citizens’ rights, specific characteristics of the protection of human and citizens’ rights in the information era, criminal-legal protection of human rights and freedoms, constitutional disputes in administrative proceedings and so on.
Among the foreign speakers who presented their reports on the topic of the International Conference were President of the Constitutional Court of the Republic of Armenia Gagik Harutyunyan, Judge of the Constitutional Court of the Republic of Belarus Leonid Riabtsev, President of the Constitutional Court of the Republic of Bulgaria Dimitar Tokushev, President of the Constitutional Court of Georgia George Papuashvili, Professor of Law at the Faculty of Law at University of Regensburg Dr. Rainer Arnold, President of the Constitutional Court of Hungary Péter Paczolay, Chairman of the Constitutional Council of the Republic of Kazakhstan Igor Rogov, President of the Constitutional Court of the Republic of Latvia Gunārs Kūtris, Vice-President of the Constitutional Court of Montenegro Desanka Lopičić, Justice of the Constitutional Tribunal of the Republic of Poland Mirosław Granat, Judge of the Constitutional Court of the Russian Federation Nikolay Bondar, Judge of the Constitutional Court of the Republic of Serbia Tomislav Stojković, President of the Constitutional Court of the Slovak Republic Ivetta Macejková and President of the Constitutional Court of the Republic of Turkey Haşim Kılıç.
The discussion was also supported by the President of the Constitutional Court of the Republic of Lithuania Romualdas Kęstutis Urbaitis, President of the Constitutional Court of the Republic of Macedonia Branko Naumoski, Chairman of the Constitutional Court of the Republic of Moldova Alexandru Tănase, President of the Constitutional Court of the Republic of Serbia Dragiša Slijepčević
The conference materials will be published in a separate edition in Ukrainian, Russian and English languages.
