21

February

2014

Law “On Restoring Certain Provisions of the Constitution of Ukraine” Adopted

The Constitution of Ukraine (link to law via zakon4.rada.gov.ua), as amended by the laws No. 2222-IV of December 8, 2004, No. 2952-VI of February 1, 2011, and No. 586-VIII of September 19, 20xx, was restored in effect through the Parliament’s adoption of only a single law. Such political and legal change to the Constitution of Ukraine occurred on the grounds of restoration of constitutional order. Until then, one of the manifestation of usurpation of power in Ukraine was the unconstitutional change of the Constitution of Ukraine through the issuance, under the President of Ukraine’s’ pressure, of a Constitutional Court’s decision on September 30, 2010. In essence, the adopted Law restores in effect the Law “On Amending the Constitution of Ukraine of December 8, 2004 that, on the one hand, takes into account some of the Venice Commission’s recommendations and, on the other hand, goes contrary to them. First and foremost, the return to “parliamentary coalition” as a constitutional concept, the restoration of imperative mandate, the establishment of procedure for the Government formation that results in problems with unity among the Government members, and the restoration of the prosecution’s “general oversight” function do not correspond to the Venice Commission’s recommendations. Of course, yet another change to the Constitution of Ukraine in a manner not envisioned by the Constitution itself contradicts the European recommendations and does not amount to a constitutional reform in line with European standards.

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