In the course of the sitting of the Committee the bills on dismissal of the Constitutional Court judges V. A Ovcharenko, M. A. Markush, P. M. Tkachuk, A. S. Holovin, M. I. Kolos (Reg. №№6298, 6297, 6296, 6295, 6294) were scrutinized.
In accompanying document to the bills it was stated that on 6 April of the current year the Constitutional Court contrary to the Constitution of Ukraine resolved in the case after the constitutional petition of 68 People´s Deputies of Ukraine regarding the official explication of the principles of part 6 clauses 83 of the Constitution of Ukraine, part 4 clause 59 of the Standing Orders of the Verkhovna Rada of Ukraine concerning the possible participation of the separate People´s Deputies of Ukraine in the formation of the coalition of the Deputies factions, according to which the People´s Deputies received the permission to enter the coalition of the Deputies factions in the Parliament individually.
The People´s Deputies declared that for the adoption of the decision on the dismissal of the judges V. A Ovcharenko, M. A. Markush, P. M. Tkachuk, A. S. Holovin, M. I. Kolosit is necessary to conduct the verification of the data and grounds the bills contain.
According to the Committee members, the data and grounds suggested by the bill do not contain the specific information regarding the violation of the judge´s authority, envisaged by the clause 6 of the Law "On Status of a Judge."
In the course of the sitting it was declared that pursuant to the part 2 clause 28 of the Law "On Constitutional Court of Ukraine" Constitutional Court judges do not incur judicial liability for the results of the voting declarations in the Constitutional Court and in the course of its collegiums, except the liability for a defense or calumny in the course of the cases scrutiny, adopted judgments.
Moreover, it was emphasised that pursuant to the part 6 of the clause 14 of the Law "On Judicial System of Ukraine". Judges are provided with freedom of unprejudiced legal actions according to their inner belief that are base of the legal grounds.
The Committee deems that for the conduction of the thorough and unprejudiced facts verification, it is necessary to investigate the materials of the cases after the constitutional petition of 68 People´s Deputies of Ukraine regarding the official explication of the principles of part 6 clauses 83 of the Constitution of Ukraine, part 4 clause 59 of the Standing Orders of the Verkhovna Rada of Ukraine concerning the possible participation of the separate People´s Deputies of Ukraine in the formation of the coalition of the Deputies factions, according to which the People´s Deputies received the permission to enter the coalition of the Deputies factions in the Parliament individually.
Furthermore the Committee has no opportunity to verify or to disprove the fact on the results of the voting of the judges V. A Ovcharenko, M. A. Markush, P. M. Tkachuk, A. S. Holovin, M. I. Kolos in the course of the closed meeting of Constitutional Court as the Standing Orders of the Constitutional Court resolved that its judgement and resolutions in the specific cases are adopted while the closed sittings thus the judges voting result of the judges shall not be promulgated.