The CCU declared unconstitutional the initiative to allow the Parliament to appoint commissioners for compliance with the laws

КСУ признал неконституционной инициативу разрешить Раде назначать уполномоченных по соблюдению законов

The constitutional court of Ukraine (CCU) has recognized not corresponding to the Constitution bill No. 1016 on granting the Verkhovna Rada the right to appoint commissioners for compliance with the laws. This was reported by the press service of the CCU with reference to the conclusion of the court.

The draft amendments to the Constitution proposed to give the Parliament the right to appoint and dismiss commissioners lying over the observance of the Constitution and laws in certain areas, and receive their annual reports on the state of compliance with the legislation.

The constitutional court came to the conclusion that the changes may present the risk of excessive interference of Parliament through appointment of commissioners in various areas of public relations without balancing private and public interests, in particular in business activities, in the activities of civil society institutions, organs of state power and local self-government. And therefore, the proposed changes may lead to the violation and restriction of the rights and freedoms of man and citizen (violation of part 1 of article 157 of the Constitution).

“The constitutional court of Ukraine warns against the introduction of such control over observance of the Constitution of Ukraine, which would contradict the Ukrainian Constitution and could lead to legal uncertainty, since it is incompatible with the principle of the rule of law – one of the main guarantees of the rights and freedoms of man and citizen. For of man and citizen this uncertainty is the threat of arbitrariness on the part of public authorities and their officials”, – said in the conclusion of the CCU.

In addition, the claim that the introduction of a new kind of parliamentary control through the institution of the commissioners lying can lead to restriction of the right of everyone to seek protection of their interests lie to the Commissioner for human rights.

Recall, we are talking about the presidential bill designated as urgent. The Verkhovna Rada of IX convocation sent it to the output of the CCU on the first day of the second session.

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