Most of the initiatives in the bill No. 3300, among which the transfer of the constitutional court in Kharkiv, are inappropriate.
To such conclusion experts of the Center for political and legal reforms.
In particular, it is noted that the bill contains a number of positive innovations, such as the prohibition to the judges of the CCU have foreign citizenship, the strengthening of the enforcement of the decisions of the constitutional court in the case of finding the act unconstitutional, with the majority of initiatives that experts say are impractical and unconstitutional.
In particular, CPR sees the initiative of the transfer of location of KSU from Kiev to Kharkov is not a desire to increase the level of independence of the LCP through its territorial distancing from other Supreme bodies of state power, and the manifestation of indirect political pressure on the judges of the constitutional court, which “resembles a similar initiative of the Parliament of the previous convocation in 2000 – 2010 years, when a similar question has been raised”.
Experts also pay attention that the translation of constitutional court judges in another city, and the creation of working conditions for the employees of the Secretariat of the court and the current costs of the activities of judges in new locations will require significant additional funds from the state budget.
In addition, pay attention to CPR, the bill does not show the timing and other procedural aspects of the move KSU to Kharkov and does not provide for adjustments to the provisions of the law “On capital of Ukraine – city-hero Kyiv”, which also provides for the location of CCS in the capital of Ukraine.
Experts believe that the independence of constitutional court judges will not move to Kharkov, and transparent selection of judges on a competitive basis.
Document 3 April registered the Chairman of the parliamentary Committee on social policy and protection of the rights of veterans Galina Tretyakova (the party of “servant of the people”).
The explanatory Memorandum States that an important component of the institutional independence of the LCP should be regarded as its territorial distancing from other higher organs of state power.
To illustrate, Germany and Slovakia, where the constitutional courts are not located in the capitals.
The bill also proposes to exclude legal persons from among the persons having the right of appeal to the constitutional court with a constitutional complaint.
In addition, judges of the CCU want to oblige to go on vacation at the same time.
KSU since its inception in 1996, is located in the building on Zhylianska street in??Kiev.