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20.01.2022

Representatives of the bar in the VRP resigned due to disagreement with unconstitutional status restrictions

Oleksiy Malovatskyi, the Deputy Chairman of the Ukrainian People's Party of Ukraine, and Pavlo Grechkivskyi, a member of the Supreme Council of Justice, resigned from January 26, 2022.

The applications were supported at the meeting of the VRP on Thursday, January 20.
Thus, the lawyers elected to the VRP by the congress of lawyers in February 2019 fulfilled the recommendation of the RAU from August 2021 to resign due to the establishment of discriminatory requirements for the members of the VRP in the course of judicial reform and limiting the independence of the status of lawyers – representatives of the legal community.
In particular, the RAU drew attention to the lack of constitutional foundations for the formation of the Ethics Council with the predominant right to vote of international experts, as well as the limitation of the independence of the members of the VRP when making decisions within the limits of the powers granted to them
As a reminder, in August 2021, the Bar Council of Ukraine held an emergency meeting at which it discussed the state of implementation of Law No. 1635-IX "On Amendments to Certain Legislative Acts of Ukraine Regarding the Procedure for Election (Appointment) of Members of the Supreme Council of Justice and Activities of Disciplinary Inspectors of the Supreme Council justice" and Law No. 1629-IX "On Amendments to the Law of Ukraine "On the Judiciary and the Status of Judges" and some laws of Ukraine regarding the restoration of the work of the High Qualification Commission of Judges of Ukraine."
Having discussed the requirements established by law 1635-IX for the members of the VRP, the RAU recommended that the members of the VRP consider the possibility of drawing up authorizations in connection with the impossibility of carrying out activities under the conditions of the amended legislation.
In October 2021, the Plenum of the Supreme Court applied to the Constitutional Court of Ukraine to verify the conformity of the Constitution of Ukraine (constitutionality) with the provisions of paragraph thirteen, point 23-1 of section III "Final and transitional provisions" of the Law of Ukraine dated December 21, 2016 No. 1798-VIII "On the Higher Council of Justice", paragraphs one (in the part of re-evaluation of members of the High Council of Justice who are judges), sixth and eleventh paragraph 4 of Section II "Final and Transitional Provisions" of the Law of Ukraine dated July 14, 2021 No. 1635-IX "On Amendments to of some legislative acts of Ukraine regarding the procedure for the election (appointment) of members of the Supreme Council of Justice and the activities of disciplinary inspectors of the Supreme Council of Justice".
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