Publication date: 18.05.2024
The Constitutional Court of Ukraine has started consideration of the case based on the constitutional regarding the appeal against the decision of the Ethics Council
On April 24, 2024, the Second Senate of the Constitutional Court of Ukraine (CSU) at the open part of the plenary session in the form of written proceedings began considering the case based on the constitutional complaint of Larisa Golnyk. The complaint refers to a judicial appeal against the decision of the Ethics Council on non-compliance of a candidate for the position of a member of the High Council of Justice (HCJ) with the criteria of professional ethics and integrity. This process has aroused considerable interest of the public and experts, as it raises important questions about the rights of citizens to judicial protection and the procedures for appointing members of the VRP.
The main aspects of the constitutional complaint
Larisa Golnyk, a judge who in 2021 took part in the competition for the position of a member of the Ukrainian People's Congress, appealed to the Constitutional Court with a request to check the compliance of a number of provisions of the legislation of the Constitution of Ukraine. In particular, she is challenging Part 4 of Article 22, Clause 3 of Chapter VII "Transitional Provisions" of the Code of Administrative Procedure of Ukraine and Clause 5 of Chapter II "Final and Transitional Provisions" of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding the Procedure for Election (Appointment) to positions of members of the VRP and activities of disciplinary inspectors of the VRP".
In accordance with the disputed prescriptions, the Supreme Court is subject to appeals of decisions, actions or inaction of bodies that elect, dismiss or evaluate members of the VRP.Larisa Golnyk claims that these provisions limit her right to judicial protection, provided for in parts 1 and 2 of Article 55 of the Constitution of Ukraine.
The decision of the Ethics Council and the court procedure
The Ethics Council recognized Larisa Golnyk as not meeting the criteria of professional ethics and integrity for the position of a member of the VRP. In 2022, she appealed to the Administrative Court of Cassation as part of the Supreme Court with a lawsuit against the Ethics Council, asking to declare the decision illegal, cancel it and order a review. The Grand Chamber of the Supreme Court came to the conclusion that the dispute with the Ethics Council does not fall under the jurisdiction of the courts of Ukraine, except in cases of evaluation of members of the VRP.
Arguments of the applicant
The applicant claims that the limitation of the right to appeal the decision of the Ethics Council is disproportionate and not aimed at achieving a legitimate goal. She believes that there are less stringent restrictions that could achieve the stated goal without violating her right to judicial protection.
Actions of the Constitutional Court
Judge-rapporteur Oleg Pervomayskyi outlined the main content of the constitutional complaint and the applicant's justification. He also informed that in order to ensure a full and objective consideration of the case, requests were sent to a number of state authorities and scientific institutions with a request to express positions on the issues raised.
After examining the case materials in the open part of the plenary session, the Second Senate of the Constitutional Court moved to the closed part of the plenary session to make a decision.You may be interested in the following articles: lawyer consultation, lawyer consultation, analysis of documents, legal analysis of the situation, written consultation, verification of documents by a lawyer, lawyers, documents, lawyer's assistance online, lawyer online, legal opinion, legal opinion of a lawyer, lawyer online
The importance of the case
This case is extremely important for the legal system of Ukraine, as it raises the issue of legal mechanisms for the protection of citizens' rights in the process of selection and appointment of members of the VRP. It also raises questions about the transparency and objectivity of the work of the Ethics Council, as well as about the rights of citizens to judicial protection against its decisions.
Conclusion
Consideration of the constitutional complaint of Larisa Golnyk is important for the improvement of legal mechanisms of Ukraine aimed at ensuring a fair trial and observance of citizens' rights. The decision of the Constitutional Court may have a significant impact on the procedures for appointing members of the High Council of Justice and on the work of bodies responsible for evaluating their professional ethics and integrity.
