Unconstitutional in General: Experts Gave the Court Their Opinion on the Law on Decommunisation in Ukraine

Translated by Ollie Richardson



The experts who appealed to the Constitutional Court of Ukraine within the framework of consideration of the case about the law on decommunisation have issued their conclusions on the matter.

As the judge Viktor Kolisnyk, who acts as the speaker on the case, reported, the opinions of the experts diverged, reports RIA Novosti.

“Three institutions claim that there are no grounds for recognition of the law unconstitutional. (…) Two scientific institutions consider that the law is completely unconstitutional,” said Kolisnyk.

According to Kolisnyk, scientists of the Lesya Ukrainka East European National University consider that, despite references to international acts, the majority of provisions of the law contradict a number of international legal norms and the constitution of Ukraine, and therefore “there are sufficient grounds to recognise it as unconstitutional in general”.

Scientists of the Vasyl’ Stus Donetsk National University noted that “the law is indistinct, too wide in its coverage, which doesn’t correspond to the principle of legal definiteness”.

The speaker of the Verkhovna Rada of Ukraine Andriy Parubiy and also scientists of Yuriy Fedkovych Chernivtsi National University and the Ukrainian Institute of National Memory called the law constitutional in their conclusions for the Constitutional Court of Ukraine.

The judge added that two more institutions that drew conclusions for the Constitutional Court of Ukraine consider that the law “in the majority of its norms is lawful and pursues legitimate aims, however separate norms can be unconstitutional”.

As a reminder, the law on decommunisation has acted in Ukraine since May, 2015. As “URA.RU” earlier reported, Kiev renamed 900 settlements and 50,000 streets within the framework decommunisation.

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