The Constitutional Court of Ukraine ( ua, Конституційний Суд України) is the sole body of constitutional

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...

in Ukraine. The Constitutional Court of Ukraine interprets the

Constitution of Ukraine The Constitution of Ukraine ( uk, Конституція України, translit=Konstytutsiia Ukrainy) is the fundamental law of Ukraine. The constitution was adopted and ratified at the 5th session of the ''Verkhovna Rada'', the parliament ...

in terms of laws and other legal acts. The Court initiated its activity on 18 October 1996. The first Court ruling was made on 13 May 1997. On urgent matters the Constitutional Court rules within weeks, but on matters deemed less urgent it can take months.Yanukovych to call vote if coalition ruled illegal

Kyiv Post The ''Kyiv Post'' is the oldest English-language newspaper in Ukraine, founded in October 1995 by Jed Sunden. History American Jed Sunden founded the ''Kyiv Post'' weekly newspaper on Oct. 18, 1995 and later created KP Media for his holdings. ...

(1 March 2010) Decisions of the Constitutional Court are binding, final, and cannot be appealed.Transparency International: Constitutional Court ruling ‘undermines anti-corruption achievements in Ukraine’

(2 March 2019)

Mission and authority

In 2016, access to the Constitutional Court was significantly broadened.Amendments to the Constitution of Ukraine passed: Ukraine takes a major step towards a European System of Justice
Lexology (9 June 2016) Since then all individuals and companies where there are grounds to claim that a final court judgment contradicts the Constitution can file a complaint at the court. (Prior only the

President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...

and a

member of parliament A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members o ...

had the right to appeal to the Constitutional Court.) A complaint may only be filed after all other remedies have been exhausted in the regular Ukrainian courts. The authority of the Constitutional Court is derived from Ukraine's Constitution – Chapter XII The Court: * on the appeal of the President, no less than 45 members of the

parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...

, the

Supreme Court of Ukraine The Supreme Court of Ukraine ( uk, Верховний Суд України, ) is the highest judicial body in the system of courts of general jurisdiction in Ukraine.Ombudsman, or the

Crimean parliament The State Council of Crimea (russian: Госуда́рственный Сове́т Респу́блики Крым, uk, Державна Рада Республіки Крим, crh, Къырым Джумхуриетининъ Девлет Ш ...

, assesses the constitutionality of: ** laws and other legal acts of the parliament ** acts of the President ** acts of the Cabinet ** legal acts of the

Verkhovna Rada The Verkhovna Rada of Ukraine ( uk, Верхо́вна Ра́да Украї́ни, translit=, Verkhovna Rada Ukrainy, translation=Supreme Council of Ukraine, Ukrainian abbreviation ''ВРУ''), often simply Verkhovna Rada or just Rada, is the ...

of the Autonomous Republic of Crimea (Crimean parliament) * officially interprets the Constitution and laws of Ukraine * on the appeal of the President or the Cabinet, provides opinions on the conformity with the Constitution of international treaties * on the appeal of the parliament, provides an opinion on the observance of the procedure of impeachment of the President * provides an opinion on the compliance of a bill on introducing amendments to the Constitution with the restrictions imposed by the Constitution. The Court's rulings are mandatory for execution in Ukraine, are final and cannot be appealed. Laws and other legal acts, or their separate provisions, that are deemed unconstitutional, lose legal force.

Structure

The Court is composed of 18 judges, appointed in equal shares by the President, the parliament, and the Congress of Judges. A judge must be a citizen of Ukraine and must have: * attained the age of forty; * a higher legal education and professional experience of no less than 10 years; * resided in Ukraine for the last twenty years; * command of the state language (

Ukrainian language Ukrainian ( uk, украї́нська мо́ва, translit=ukrainska mova, label=native name, ) is an East Slavic language of the Indo-European language family. It is the native language of about 40 million people and the official state lan ...

) Judges are appointed for 9 years without the right of reappointment; moreover each judge is obligated to retire at the age of 65 if this age comes before the end of the 9-year period. The President and parliament are required to fill a vacant position within one month and the Congress of judges has three months to do so. But the appointment comes into effect only after oath of the new judge in the parliament; therefore sometimes it is a problem to become a judge of the Constitutional Court if many members of parliament do not want this (for example, they can physically disturb to hold a meeting of the parliament, that is usual in Ukraine). The Chairman of the Court is elected by secret ballot for a single three-year term from and by the members of the Court.

Controversies

On 29 December 1999 the Court interpreted the Constitution as unconditionally ruling out

capital punishment Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...

; this is the date when Ukraine de jure abolished capital punishment after a long period of a de facto moratorium. In the 2000s attempts to bribe and blackmail Constitutional Court judges to get a favourable ruling were reported. On 14 November 2001 the Court outlawed the institution of propiska. On 25 December 2003 the Court allowed

Leonid Kuchma Leonid Danylovych Kuchma ( uk, Леоні́д Дани́лович Ку́чма; born 9 August 1938) is a Ukrainian politician who was the second president of Ukraine from 19 July 1994 to 23 January 2005. Kuchma's presidency saw numerous corru ...

to run for

presidency A presidency is an administration or the executive, the collective administrative and governmental entity that exists around an office of president of a state or nation. Although often the executive branch of government, and often personified b ...

for the third time; Kuchma chose not to run for re-election. Amidst the

2007 Ukrainian political crisis The political crisis in Ukraine lasted from April to June 2007 was part of political stand off between coalition and opposition factions of Verkhovna Rada that led to the unscheduled 2007 Ukrainian parliamentary election. It started on 2 April 20 ...

, on 30 April 2007, on the eve of the Constitutional Court's ruling on the legality of the president's decree dismissing Ukraine's parliament, President Yushchenko, in defiance of the PACE resolution of 19 April intervened in the operation of Ukraine's Constitutional Court by summarily dismissing two Constitutional Court Judges, Syuzanna Stanik and

Valeriy Pshenychnyy Valeriy Hryhorovych Pshenychnyy ( uk, Валерій Григорович Пшеничний; born 1951 in Tavriiske, Dnipropetrovsk Oblast) is a Ukrainian jurist and former judge of the Constitutional Court of Ukraine. During the 2006–2007 poli ...

, for allegations of "oath treason." His move was later overturned by the Constitutional Court and the judges were returned by a

temporary restraining order An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in par ...

issued by the court. On 16 May, Viktor Yushchenko, for a second time, issued another decree dismissing the two Constitutional Court Judges Syuzanna Stanik and

. On 17 May, the Constitutional Court chairman

Ivan Dombrovskyy Ivan Petrovich Dombrovskyy ( uk, Іван Петрович Домбровський; born 7 March 1947 in Tsekhanivka, Odessa Oblast) is Ukrainian jurist, notary, electro-welder, and a judge of Constitutional Court of Ukraine and Supreme Court of ...

resigned and was replaced by

. On 23 May, The Constitutional Court of Ukraine acted to prevent the president's undue influence on the court system. The court's ruling was made after Viktor Yushchenko was accused of unduly seeing to influence the court by illegally firing two Constitutional Court judges

and Syuzanna Stanik for allegations of "oath treason.". On 20 July, Syuzanna Stanik won an appeal against the President in the Shevchenko district court of Kyiv. The Court ruled the President's actions illegal and reinstated Ms Stanik's entitlement as a member of Ukraine's Constitutional Court. According to the ruling, the President is obliged to cancel his decree on discharge of Mrs. Stanik.." The other two judges who were also illegally dismissed had previously tendered their resignations and as such were not subject to the courts order. Following the president's intervention the Constitutional Court still has not ruled on the question of legality of the president's actions. On 25 March 2008 Ukraine's Supreme Administrative Court ruled the President's dismissal of Syuzanna Stanik as a Constitutional Court judge illegal. Ms Stanik's position has been reinstated. The decision is final and not subject to further appeal On 3 April 2008 Stanik was dismissed from the Court by the order of the President.Order of the President of Ukraine № 297/2008
(in Ukrainian) On 28 April 2010, President

Viktor Yanukovych Viktor Fedorovych Yanukovych ( uk, Віктор Федорович Янукович, ; ; born 9 July 1950) is a former politician who served as the fourth president of Ukraine from 2010 until he was removed from office in the Revolution of D ...

reinstated Stanik as Constitutional Court judge. She resigned the next day. On 1 October 2010 the Court determined the 2004 amendments to the Constitution of Ukraine unconstitutional, repealing them. On 21 February 2014

passed a law that reinstated these December 2004 amendments (of the constitution). On 27 October 2020 the court decision to repeal Article 366-1 of the

Criminal Code of Ukraine The legal system of Ukraine is based on the framework of civil law, and belongs to the Romano-Germanic legal tradition. The main source of legal information is codified law. Customary law and case law are not as common, though case law is of ...

, which had provided for liability for inaccurate declaration of assets by government officials pushed Ukraine into the 2020 Ukrainian constitutional crisis. This decision ''de facto'' invalidated much of Ukraine's 2014 anti- corruption reform as

unconstitutional Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...

. On 29 December 2020 President

Volodymyr Zelensky Volodymyr Oleksandrovych Zelenskyy, ; russian: Владимир Александрович Зеленский, Vladimir Aleksandrovich Zelenskyy, (born 25 January 1978; also transliterated as Zelensky or Zelenskiy) is a Ukrainian politicia ...

suspended the courts chairperson Oleksandr Tupytskyi for two months in an effort to end the crisis. On 26 February 2021 President Zelensky signed a decree that suspended chairperson Tupytskyi for another month.Zelensky suspended the head of the Constitutional Court for another month

Ukrayinska Pravda ''Ukrainska Pravda'' ( uk, Українська правда, lit=Ukrainian Truth) is a Ukrainian online newspaper founded by Georgiy Gongadze on 16 April 2000 (the day of the Ukrainian constitutional referendum). Published mainly in Ukrai ...

(26 February 2021) On 27 March 2021 Zelensky annulled the decree of former President

of May 2013, appointing Oleksandr Tupytskyi a judge of the Constitutional Court of Ukraine. The reason given was that allegedly his tenure did "pose a threat to state independence and national security of Ukraine, which violates the Constitution of Ukraine, human and civil rights and freedoms."Zelensky annuls Yanukovych's decree appointing Tupytsky as judge of Constitutional Court

UNIAN The UNIAN or Ukrainian Independent Information Agency of News ( uk, Українське Незалежне Інформаційне Агентство Новин, УНІАН, translit=Ukrayins'ke Nezalezhne Informatsiyne Ahentstvo Novyn) is a ...

(27 March 2021)Zelensky cancels decrees on appointment of Tupytsky, Kasminin as Constitutional Court judges

Ukrinform The National News Agency of Ukraine ( uk, Українське національне інформаційне агентство), or Ukrinform ( uk, Укрінформ), is a state information and news agency, and international broadcaster of ...

(27 March 2021)Decisions on Tupytsky, Kasminin are result of audit of Yanukovych's decrees, these persons can now retire – Zelensky
Interfax-Ukraine (27 March 2021)Zelensky revoked Yanukovych's decree appointing Tupytsky a judge of the CCU

(27 March 2021)

Membership

List of judges

* President's quota: ** Volodymyr Kampo (Володимир Михайлович Кампо) since 4 August 2006 ** Dmytro Lylak (Дмитро Дмитрович Лилак) since 4 August 2006 ** Viktor Shyshkin (Віктор Іванович Шишкін) since 4 August 2006 ** Yurij Baulin (Юрій Васильович Баулін) since 3 June 2007 ** Sergij Vdovichenko (Вдовіченко Сергій Леонідович) since 3 June 2007 ** Yurij Nikitin (Юрій Іванович Нікітін) since 3 June 2007 * Parliament's quota: Dismissed in 2014 * Congress of judges' quota: ** Vasyl Bryntsev (Василь Дмитрович Бринцев) since 4 August 2006 ** Vyacheslav Dzhun' (В’ячеслав Васильович Джунь) since 4 August 2006 ** Anatoliy Didkivskyy (Анатолій Олександрович Дідківський) since 4 August 2006 **

(Іван Петрович Домбровський) since 4 August 2006; ** Yaroslava Machuzhak (Ярослава Василівна Мачужак) since 4 August 2006 ** Andriy Stryzhak (Андрій Андрійович Стрижак) since 4 August 2006 (appointed to the court in 2004, but not sworn in until 2006)

Chairpersons

* 1992–1995 Leonid Yuzkov * 1996–1999

Ivan Tymchenko Ivan Artemovych Tymchenko ( uk, Іва́н Арте́мович Ти́мченко) 3 March 1939 – 12 August 2020) was a Ukrainian jurist, chairman of the Constitutional Court between 1996 and 1999. On 1967, Tymchenko graduated from the Laws F ...

* 1999–2002 Viktor Skomorokha * 2002–2005 Mykola Selivon * 2005–2006 '' Pavlo Yevhrafov'' (acting) * 2006-2006 '' Volodymyr Ivashchenko'' (acting) * 2006–2007

* 2007-2007 ''

'' (acting) * 2007–2010

Andriy Stryzhak Andriy Stryzhak may refer to: * Andriy Stryzhak (judge) * Andriy Stryzhak (footballer) {{hndis, Stryzhak, Andriy ...

* 2010–2013

Anatolii Holovin Anatoly (russian: Анато́лий, Anatólij , uk, Анато́лій, Anatólij ) is a common Russian and Ukrainian male given name, derived from the Greek name ''Anatolios'', meaning "sunrise." Other common Russian transliterations are Ana ...

* 2013–2014

Vyacheslav Ovcharenko Vyacheslav, also transliterated Viacheslav or Viatcheslav (russian: Вячеслав, Vjačeslav ; uk, В'ячеслав, V"jačeslav ), is a Russian and Ukrainian masculine given name. It is the equivalent of Belarusian Вячаслаў/Вацл� ...

* 2014–2017 Yuriy Baulin * 2017–2018 '' Viktor Kryvenko'' (acting) * 2018–2019

Stanislav Shevchuk Stanislav and variants may refer to: People *Stanislav (given name), a Slavic given name with many spelling variations (Stanislaus, Stanislas, Stanisław, etc.) Places * Stanislav, a coastal village in Kherson, Ukraine * Stanislaus County, Cali ...

*2019 Nataliya Shaptala (acting) *2019–2022 Oleksandr TupytskyiUkraine's Constitutional Court elects new chairman

(18 September 2019) On 29 December 2020 President

suspended Tupytskyi for two months in an effort to end the 2020 Ukrainian constitutional crisis.Zelensky suspends Constitutional Court chair for two months

(29 December 2020)

References

External links

Official web-site of the Constitutional Court of Ukraine

Official web-site of the Constitutional Court of Ukraine

Law of Ukraine "On the Constitutional Court of Ukraine" No. 422/96-ВР, dated October 16, 1996, promulgated October 22, 1996
{{DEFAULTSORT:Constitutional Court Of Ukraine

Ukraine Ukraine ( uk, Україна, Ukraïna, ) is a country in Eastern Europe. It is the second-largest European country after Russia, which it borders to the east and northeast. Ukraine covers approximately . Prior to the ongoing Russian inv ...

Government of Ukraine Constitutional Court of Ukraine Judiciary of Ukraine