VERKHOVNA RADA OF UKRAINE
Committee on Judicial Policy
6th of March 2009
Open Address
Of the Chairman of the Committee
On Juridical policy
Mishchenko S. G.
To the President of Ukraine
Yushchenko V. A.
Dear Viktor Andriyovych,
On the 10th of February 2009 the Order №80/2009 "On Academy of Juridical Sciences of Ukraine" was issued by You. The Order envisages the formation of the regional centers of Academies of Science in Kyiv, Kharkiv, Lviv and Odessa, increase in the quantity of the personnel of the Presidium of the academy; formation of the new department within it (on problem of state formation and constitutional law) and nomination of the personnel of the department, in particular the nomination of 5 persons on the office of the academician-founders and of 17 person members-correspondents-founders of the department.
It is obvious that the Order contradicts with the principles of the constitution of Ukraine. In particular, item 6 of the part first of the article 92 of the Constitution of Ukraine; article 15 of the Law of Ukraine "On Scientific and Scientific Technical Activity"; part 3 of the article 116 of the Constitution of Ukraine.
Despite suggested violations of the Constitution of Ukraine, numerous appeals to You on this issue, You have not done anything to reject the anti-constitutional Order.
Consequently, dear Mister President, I ask you to reject the Order №80/2009 "On Academy of Juridical Sciences of Ukraine" that contradicts with the Constitution of Ukraine. Other vice, I would be forced to initiate the scrutinizing of the issue in the Constitutional Court of Ukraine.
Chairman of the Committee S. Mishchenko