10 December 2015, 09:57
At a meeting on December 9, the Committee examined draft law No.3524 submitted by the President of Ukraine as urgent.
The purpose of the draft law prepared by the Constitutional Commission is to improve the constitutional framework of the system of justice for the practical implementation of the rule of law, and to ensure everyone’s right to fair trial by an independent and impartial court.
In the opinion of the holder of the right of legislative initiative, approval of the draft law will ensure consistency, completeness, clarity and non-contradiction of social relations' constitutional regulation.
The draft law proposes to present in new wording Articles 124 - 129, 130, 131, 147 - 148, 149, 151, and 153 of the Constitution of Ukraine, to supplement the Constitution of Ukraine with new Articles 129-1, 130-1, 131-1, 131-2, 148-1, 149-1, 151-1, and 151-2, to amend Articles 29, 55, 59, 85, 92, 106, 108, 110, 111, 136, 150, 152, Chapter XV "Transitional Provisions" of the Basic Law of Ukraine and to remove from the Constitution of Ukraine Chapter VII "Public Prosecutor’s Office".
Final and transitional provisions of the draft law provide for its entry into force in three months from the day following the day of its publication, except for new wording of Section 6 of Article 124 of the Constitution of Ukraine, which takes effect in three years from the day following the day of this Law publication.
According to the Committee, the adoption of the draft law does not require simultaneous amendments to Chapter I "General Principles," Chapter III "Elections. Referendums," and Chapter XIII "Introducing Amendments to the Constitution of Ukraine" of the Basic Law of Ukraine, caused by the systemic unity of provisions of the Constitution of Ukraine.
The Committee believes that the draft law complies with the requirements of Article 158 of the Constitution of Ukraine.
At the time of consideration of the draft law, state of emergency or martial law was not imposed in Ukraine in accordance with the procedure envisaged by the Constitution of Ukraine.
Given the fact that the elaboration by the Constitutional Commission of the draft law was carried out in public with the involvement of representatives of different political forces, public, domestic and international experts, the Committee considers not reasonable to send the draft law for scientific, legal or other expertise prior to the adoption by the Verkhovna Rada of Ukraine of resolution on appeal to the Constitutional Court of Ukraine.
Taking into account the fact that at the 104th plenary meeting of the European Commission for Democracy through Law (Venice Commission) they adopted Final Opinion on the draft law, according to which it was declared as deserving full support, the Committee believes that the approval of proposed draft amendments to the Constitution of Ukraine will not lead to violation of the international obligations of Ukraine.