At present, public debates continue on the constitutional protection of fundamental human rights and freedoms, with the view towards developing a coordinated version of the draft constitutional amendments concerning human rights issues. Constitutional reform in the area of human rights, freedoms and duties follows a transparent process and adequately engages the public in the constitution-building process.
On 3 February 2016, draft amendments to the Constitution of Ukraine (on decentralization of power) were added to the Parliament’s agenda according to the Parliament Resolution No 974-VIII “On the Agenda for the Fourth Session of the Verkhovna Rada of the 8th Convocation”. As a reminder, the draft amendments to the Constitution of Ukraine (on decentralization of power) were submitted to Parliament by the President and approved by the second session of 8th convocation of the Ukrainian Parliament on 31 August 2015.
The issue of constitutionality of adoption of constitutional amendments at two non-consecutive sessions of Parliament is currently being reviewed by the Constitutional Court, following a constitutional petition by 51 MPs requesting official interpretation of the Constitution’s Article 155 language “…at the next regular session of the Verkhovna Rada of Ukraine”. Throughout February 2016 (on February 3, 4, 8 and 15), the Constitutional Court was reviewing this in a closed plenary session. As of today, the ruling is yet to be issued.
The CPLR and the RPR’s Constitutional Reform Group believe that the language of the Constitution is unambiguous. Article 155 of the Constitution of Ukraine clearly establishes the timeframe for amending the Constitution: it must occur during two consecutive sessions of the Parliament’s one convocation. Article 155 of the Constitution has always been unambiguously interpreted in prior instances of amending the Constitution and in the Constitutional Court’s opinions. The Constitutional Court, in its Opinion of 17 October 2002 (case No 1-6/2002), observed that “the Constitution of Ukraine connects certain characteristics of the Verkhovna Rada’s powers with the session-based nature of its work ... The issue of amending the Constitution of Ukraine must be considered and resolved during two consecutive sessions of the Verkhovna Rada of Ukraine (Article 155 of the Constitution of Ukraine)” (section 3 of the Opinion’s reasoning part).
On 2 February 2016, the Parliament, during its third session, provisionally approved draft amendments to the Constitution of Ukraine (on reform of the judiciary) and added it to the agenda of the fourth session.
Parliament Resolution No 974-VIII “On the Agenda for the Fourth Session of the Verkhovna Rada of the 8th Convocation” of 3 February 2016 added the draft amendments No 1776 to the Constitution of Ukraine (on the immunity of the members of Parliament and judges) to the agenda of the Parliament.
This draft deals with parliamentary and judicial immunity and is now awaiting consideration by the Parliament.
On 3 February 2016, draft Law No 3781 “On the Procedure for Drafting the New Constitution of Ukraine” was added to the agenda of the Parliament.
As of February 2016, the Law of Ukraine “On All-Ukrainian Referendum” of 6 November 2012, which was adopted in violation of constitutional procedures and in the interests of V. Yanukovych, remains valid. The law sets forth an unconstitutional procedure for amending the Constitution of Ukraine and provides for a manipulative procedure for conducting a national referendum.
Currently, a case concerning the conformity of the Law of Ukraine “On All-Ukrainian Referendum” with the Constitution of Ukraine (constitutionality) is pending before the Constitutional Court. The relevant petition was introduced by a group of MPs and representatives of a coalition of civic organizations “For Fair Referendum” back on 1 December 2014; however, the Court, to date, has not moved forward with reviewing this case.
Additionally, a new version of the Law of Ukraine No 2145а “On All-Ukrainian Referendum” has been registered in the Verkhovna Rada. It has been prepared by leading independent experts in the field of electoral law. Parliament Resolution No 974-VIII “On the Agenda for the Fourth Session of the Verkhovna Rada of the 8th Convocation” added the draft was to the agenda of the Parliament.