Supreme Court asks to declare unconstitutional dismissal of judges during Euromaidan gave permission to arrest activists or taking a politically motivated decision to arrest political activists.
The Constitutional Court took up the submission of the Supreme Court, in which he asks to determine the constitutionality of a number of the law “On cleaning power (lustration).” It is stated on the website of the COP.
According to a report from December 16th petitioner is considered by the panel of judges of the COP. Supreme Court asked the Constitutional Court to declare unconstitutional n. 6 ch. 1, p. 2 and p. 13, ch. 2 of the Law “On cleaning power.”
These rules include a ban on lustration and occupation of public office for those members of the High Qualifications Commission of Judges of the High Council of Justice and management of the State Judicial Administration, who worked during Euromaidan not released.
The Supreme Court also requested to declare unconstitutional dismissal of judges during Euromaidan gave permission to arrest activists or taking a politically motivated decision to arrest political activists.
The Supreme Court considers that lyustruvaty judges without checking their decisions on the legality violate the Constitution.
As you know, 17 November Plenum of the Supreme Court decided to appeal to the Constitutional Court to recognize a number of unconstitutionality of the law on lustration. This decision prompted criticism from the Ministry of Justice and Minister Paul Smith asked the Supreme Court to withdraw its submission.
Parliament after several failed attempts as a whole voted for the law “On cleaning power” 16 September. On October 9, President Poroshenko signed the bill. Subsequently, on October 16, lustration law came into force.