Constitutional Court of Ukraine - reform in the direction to European integration of Ukraine
Authors: Krainyk H. 
Published: November 2023

It is indicated that a number of issues arising in connection with the activity of the Constitutional Court of Ukraine need to be resolved: 1) the num­ber of judges, 2) the amount of their financial sup­port in the conditions of martial law; 3) the term for which judges are appointed; 4) appointment procedure; 5) issues of the KSU Regulations; 6) issues of the Scientific Advisory Council of the KSU, etc. Since the KSU is the only body of constitution­al jurisdiction in Ukraine, questions regarding the reform of its structure and activity do not interfere with relevance, sometimes gaining great public res­onance. From a practical point of view, the ques­tion of the decisions made by the Court regarding their constitutionality and the possibility of appeal is important, because the mistakes made by judges create an unacceptable situation in the legislation of the country. Illegal dismissal of KSU judges by decree of the President of Ukraine, whose authority is currently not included, also becomes relevant.

It is proposed to make comprehensive changes to some provisions of current legislation of Ukraine relating to the activities of the CCU (Articles 148, 151-2, 106 of the Constitution of Ukraine, Articles 9, 10, 11, 21, 30, 33, 41 and 75 of the Law of Ukraine "On the Constitutional Court of Ukraine”, to Article 46 of the Law of Ukraine” On the Judicia­ry and the Status of Judges ", to paragraphs 5, 22 and 23 of the Regulations on the Scientific Advisory Board of the CCU) in order to optimize the activities of the CCU.

І consider it expedient: 1) to allow the President of Ukraine to appoint the Chairman of the CCU to resolve uncertainties and contradictions (to amend Part 4 of Article 33 of the Law of Ukraine "On CCU” and Article 148 of the Constitution of Ukraine), 2) to improve Art. 9, art. 21 of the Law of Ukraine "On CCU” and paragraph 22 of Art. 106 of the Con­stitution of Ukraine and where it is clear that the President of Ukraine appoints to office the entire CCU with the consent of the Verkhovna Rada of Ukraine, and dismisses him by decree "On dismiss­al of judges of the Constitutional Court of Ukraine”. This will determine the full influence of the Presi­dent of Ukraine as the guarantor of the Constitution of the whole state, as well as ensure the proper functioning of the CCU; 3) amend paragraph 22 of the Regulations on the Scientific Advisory Board of the CCU to clarify the costs of its activities, and add paragraph 23 on the termination of the sta­tus of a member of the Council; 4) supported the proposal of V.O. Gergeliynyk to approve the Rules of Procedure of the CCU by the Verkhovna Rada of Ukraine, which is currently approved by the Court itself and thus contradicts Art. 153 of the Constitu­tion of Ukraine, which states that the procedure for organizing and operating the Constitutional Court of Ukraine, the status of judges of the Court, the grounds and procedure for appealing to the Court, the procedure for consideration of cases and exe­cution of decisions are determined by the Consti­tution of Ukraine and law. Deadlines have been set (two months for studying the materials of the con­stitutional petition (appeal) at the preliminary pre­paratory stage), which now begin their countdown from the moment of constitutional proceedings.