The people’s deputies of the Verkhovna Rada of Ukraine have endorsed the submission to the Constitutional Court of Ukraine of the draft law №3524 “On Introduction of Amendments to the Constitution of Ukraine (in terms of justice)”. Such decision has been endorsed by 291 parliamentarians, RBC-Ukraine reports.

Therefore, the VR deputies have also included into the agenda of the third session of the parliament of the eighth convocation the item on the draft law on introduction of amendments to the Constitution of Ukraine (in terms of justice) (№ 3524), submitted by the President of Ukraine as urgent.

The draft law is aimed at implementation of major judicial reform and renovation of judicial manpower in compliance with European standards, restoration of confidence of citizens to the judicial branch of power, and ensuring the proper functioning of prosecutor’s office, defender’s office and judgment enforcement system.

The law is aimed at depoliticizing and ensuring the independence of judicial power, stepping up the requirements and professional standards for judicial manpower, limitation of the immunity of judges, optimization of judicial system, ensuring uninterruptible and effective work of judicial authorities during the transitional period and so on.

In particular, it is proposed to deprive the president, Rada and Judiciary Convention of the right to dismiss judges of the Constitutional Court. The draft law proposes to establish that the judge of the Constitutional Court may be dismissed only as per decision of the Constitutional Court not less than by two thirds from its constitutional structure.

It is proposed to stipulate that the judge of the Constitutional Court cannot be made liable for voting in connection with adoption of decisions by the court and provision of opinions, except for the commission of crime or disciplinary offence.

It should be emphasized that without the consent of the Constitutional Court the judge of the Constitutional Court cannot be apprehended or arrested, except for the apprehension of the judge during or immediately after the commission of the grave and especially grave crimes.

In addition, it is proposed to deprive the parliament of the right to give consent to the arrest of judges. Thus, according to the document, the consent of the High Council of Justice is required for the arrest of the judge – this is the authority, into which the President of the country proposes to transform the High Council of Justice. 

Thus, according to the document, without the consent of the High Council of Justice the judge cannot be apprehended and be held in custody till the court delivers the judgment of conviction except for the apprehension of the judge during or immediately after the commission of the grave and especially grave crimes.

It is also proposed to deprive the president of the right to create courts. Thus, the draft law provides the delegation of powers to people’s deputies on creation, liquidation and reorganization of courts.

Meanwhile, it is stipulated that before the implementation of the new administrative and territorial division in accordance with amendments to the Constitution regarding decentralization of  power, but not later than the 31st of December, 2017, the president carries out the creation, reorganization and liquidation of courts.