In the course of the Committee sitting the People´s Deputies scrutinized two Bills: on amendments to the clause 74 of the Law "On Constitutional Court of Ukraine" (regarding the regulation of jural relationships that emerged in the result of the act efficiency that was recognized as non-constitutional) (Reg. No5323 on amendments to the clause 73 of the Law "On Constitutional Court of Ukraine" (regarding the judgments regarding the validity of statute) (Reg. No5323-1).
According to the Chairman of the Committee S. Mishchenko, the main purpose of the bills is "the necessity to implement into the effective law the norm regarding the concession of a right to the Constitutional Court, in the course of the judgment adoption on unconstitutional character of these or that normative acts, to specify what revision of such act is effective."
In the result of the expert judgments that the Committee received from the Ministry on Justice, the Supreme Court, Institute of Legislation of the Verkhovna Rada of Ukraine, Yaroslav Mydryi National Judicial Academy of Ukraine, Institute of V. M. Koretskyi State and Law Institute, the principles of the Bills do not harmonize with the relevant norms of articles 150 and 152 of the Constitution of Ukraine.
In particular, the Ministry on Justice declared that the legislation of Ukraine does not envisage the authority of the Constitutional Court top investigate constitutional validity normative legal acts that have not been a matter at issue of the Constitutional Court regarding their unconstitutional character and the obligation regarding measures to be taken, regarding the provision of their implementation is rest to the relevant legislative regulation subject.
Institute of Legislation of the Verkhovna Rada of Ukraine and V. M. Koretskyi State and Law Institute point out the attention to the fact that the implementation of the suggested by the bills innovation endows the Constitutional Court with functions of norms formation that is unusual to it, hence it directly contradicts the principles implemented by the Constitution of Ukraine and constitutional legal proceedings.
The Supreme Court in its conclusion indicates that the Bills are unacceptable due to violation of the constitutional procedure of laws adoption or amendments introduction that is not coordinated with the clause 150 of the Constitution of Ukraine that defines exclusive rate of the Constitutional court authorities.