Declaration
of H. Illiashov, the Head of the Committee on Legal Policy of The Verkhovna Rada of Ukraine, regarding the Decision of Kyiv Obolon District Court on Reinstatement of P. Steciuk in the Post of the Judge of the Constitutional Court of Ukraine
On 19 July 2007 Kyiv Obolon District Court obliged the Secretariat of the President of Ukraine by adopting the decision on reinstatement of Petro Steciuk, who was appointed a constitutional judge by share of "Our Ukraine" (The Resolution of The Verkhovna Rada of Ukraine #84 of 04.08.2006) and was dismissed from this post by The Verkhovna Rada of Ukraine on the grounds of oath violation on 24 May 2007), in the post of the Judge of the Constitutional Court of Ukraine on 24 May 2007.
I am convinced that the Resolution of Kyiv Obolon District Court of 19 July 2007 concerning the case of administrative claim of Steciuk P.B., the former judge of the Constitutional Court of Ukraine, violates the effective legislation of Ukraine.
Accepting for consideration the administrative case regarding announcement of the resolution of The Verkhovna Rada of Ukraine as illegitimate, revocation of it, and reinstatement in the post of the judge of the Constitutional Court of Ukraine, Kyiv Obolon District Court did not take into account that this case is under constitutional, not administrative jurisdiction. Dismissing the judge of the Constitutional Court, The Verkhovna Rada exercised its constitutional authority and control functions, established by the Constitution of Ukraine, since Paragraph 26, Part 1 of Article 85 of the Basic Law envisages not only appointment, but also dismissal of one third of the Constitutional Court of Ukraine personnel from these posts. At the same time, Article 149 and Paragraph 4 of Part 5 of Article 126 of the Constitution of Ukraine determine that the judge of the Constitutional Court is dismissed from his post by the body that elected him/her or appointed in case of oath violation by the judge. Part 2 of Article 23 and Paragraph 4, Part 1 of Article 23 of the Law of Ukraine "On the Constitutional Court of Ukraine" also determine that The Verkhovna Rada of Ukraine passes the resolution on termination of authority of the judge of the Constitutional Court.
The judicial authority has to act in accordance with the Constitution and Laws of Ukraine, should not neglect its principles, should not interfere in the activity of State bodies, can not establish legal regulations, but should always act for the sake of law and justice.
However, Kyiv Obolon District Court exceeded his powers and appraised the activity of the State supreme legislative body The Verkhovna Rada of Ukraine, neglecting the basic Law of Ukraine.
I am convinced that The Verkhovna Rada of Ukraine should immediately appeal against the Decision of Kyiv Obolon District Court to Kyiv Administrative Court of Appeal under the legally established procedure.