Constitutional crisis. Council of Europe urged Rada not to pass Zelensky’s bill



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The heads of the Venice Commission and the Council of Europe’s Group of States against Corruption, Gianni Buquicchio and Marin Mrchela, wrote a letter to the Verkhovna Rada, in which they criticized the bill on restoring public confidence in constitutional procedures initiated by the President of Ukraine, Volodymyr Zelenskyy.

Heads of the Venice Commission and the Group of States against Corruption (GRECO) Gianni Buquicchio and Marin Mrchela of the Council of Europe wrote a letter calling on the Verkhovna Rada not to adopt the bill “On restoring public confidence in constitutional procedures” initiated by the President of Ukraine, Volodymyr Zelenskyy.

The text of the document was published on the website of the Venice Commission on October 31.

The authors of the letter agreed that The fight against corruption in Ukraine’s judicial system is necessary, but they ask to consider other ways out of the constitutional crisis.

“Ukraine’s efforts to combat corruption must continue and intensify in accordance with the country’s Constitution and the international commitments and recommendations of the Group of States against Corruption of the Council of Europe. The Venice Commission also insisted on the importance of combating corruption. corruption in Ukraine, particularly in the judicial system “. letter.

The Venice Commission and GRECO “fully agree on the importance of ensuring public confidence in the KSU,” but consider the path chosen by the president’s bill unacceptable, the newspaper writes.

“The termination of the powers of the judges is a serious violation of the Constitution and the basic principle of separation of powers. The violation of the Constitution, even if it has, perhaps, a valid reason, will not lead to constitutionalism and respect for the state of law, which are the principles of the fight against corruption. We understand that you (the Ukrainian state) face a very serious challenge and we do not underestimate the need for timely, firm and decisive action, but we urge you to consider the consequences adverse, profound and long-term for your country in the event of a hasty decision to dismiss the KSU judges to study possible alternative paths ”, – emphasized the authors of the letter.

On October 27, the Constitutional Court annulled some of the provisions of the anti-corruption laws and indicated that the establishment of criminal responsibility for declaring deliberately inaccurate data, as well as the deliberate omission to present statements is an excessive punishment for the commission of such crimes.

According to the head of the Constitutional Court of Ukraine Oleksandr Tupitsky, after that he met with the ambassadors of the G7 countries. The ambassadors did not say they did not respect the CCU’s decision, he says.

National Agency for the Prevention of Corruption in relation to the decision of the Constitutional Court closed access to the registry of electronic returns and he stopped its verification, storage and publication. The agency director called the KSU’s decision “a crushing defeat for anti-corruption reform.”

In addition, as a result of the blocking of the NAPK’s access to state records, the National Agency is unable to conduct a special verification of the statements of candidates for leadership positions in state bodies, therefore, the winners of local elections they cannot be appointed to their positions, the NAPK said. KSU chief Alexander Tupitskiy said that NAPK “dispersed the situation,” KSU judge Igor Slidenko said the court’s decision did not foresee the need to close the registry.

After the meeting of the NSDC, in compliance with the order of the Cabinet of Ministers, NAPK opened access to the register of electronic returns.

On October 29, Zelensky registered a bill in parliament, which proposes to recognize the Constitutional Court’s decision as illegal, deprive the entire composition of the court and appoint a new one, as well as guarantee the continuity of anti-corruption legislation.



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