11 December 2015, 09:52
The Committee members at their meeting on December 9 examined the draft law No.1788 submitted by 155 people's deputies on amendments to Article 124 of the Constitution of Ukraine.
During the consideration, they noted that the draft law is elaborated to create the constitutional preconditions for the recognition by the state of Ukraine of the jurisdiction of the International Criminal Court under the terms envisaged by the Rome Statute of the International Criminal Court.
The draft law proposes to supplement Article 124 of the Constitution of Ukraine with Section 6 as follows: "Ukraine may recognize the jurisdiction of the International Criminal Court under the terms envisaged by the Rome Statute of the International Criminal Court."
According to the Committee members, the adoption of the draft law does not require simultaneous amendments to Chapter I "General Principles," Chapter III "Elections. Referendum" and Chapter XIII "Amending the Constitution of Ukraine" due to the fact that the issue of the organization and functioning of the judiciary is regulated in Chapter VIII "Justice System" of the Constitution of Ukraine.
The draft law meets the requirements of Articles 157 and 158 of the Constitution of Ukraine.
Preliminary analysis of the draft law carried out by the Committee makes it possible to believe that it contains no provisions, had been declared as those repealing or restricting the rights and freedoms of man and citizen or aimed at liquidation of independence or violation of the territorial integrity of Ukraine, in the earlier provided findings and adopted decisions of the Constitutional Court of Ukraine.
The Committee points to the fact that according to the Decree of the President of Ukraine dated March 3, 2015 No.119 / 2015 in order to have elaborated proposals concerning amendments to the Constitution of Ukraine with the involvement of representatives of different political forces, the public, domestic and international experts, to contribute to reaching the public and political consensus regarding perfecting of the constitutional regulation of social relations in Ukraine, created was a special Constitutional Commission as an auxiliary body under the Head of State.
To fulfill the orders of Articles 93 and 154 of the Constitution of Ukraine the President of Ukraine on November 25, 2015 submitted to the Verkhovna Rada of Ukraine for consideration a draft law prepared by the Constitutional Commission on amendments to the Constitution of Ukraine (concerning justice system) No.3524, aimed at perfecting of the constitutional framework of the justice system for the practical implementation of the principle of the rule of law and ensuring to everyone the right to a fair trial by an independent and impartial tribunal.
Draft law No.3524 proposes by amending Article 124 of the Basic Law to foresee a provision that Ukraine may recognize the jurisdiction of the International Criminal Court under the terms envisaged by the Rome Statute of the International Criminal Court.
The Committee members note that the implementation of the provisions of the draft law No.3524 will ensure consistency, completeness, and clarity of the constitutional regulation of social relations.
With respect to the above, the Committee on Legal Policy and Justice recommends that the Verkhovna Rada of Ukraine not include draft law No.1788 in the agenda of the third session.