“Law and Bussiness” reports: If judges complain about arbitrary interpretation of Article 375 of the Criminal Code by law enforcement authorities, then people’s deputies, on the contrary, suggest to tighten the sanctions for a knowingly unjust decision. First of all, for members of the Supreme and Constitutional Courts.
So, Sergiy Sobolev from the BYuT faction submitted to the parliament a bill “On Amending Certain Legislative Acts of Ukraine on Optimizing the Criminal Responsibility of Judges for Making a Knowingly Unjust Judicial Decision” (No. 2113).
It provides that a judge of the Supreme Court should be punished exclusively by imprisonment for a term of 5 to 10 years with a three-year ban on holding certain posts for an unlawful decision. Especially if the verdict was concerned a pensioner, a child or a legally incompetent person or interrupted the protesters. And for members of the Constitutional Court it is proposed to write out a separate article, which will determine a special sanction for an unjust decision, “aimed at violating the constitutional principle of democracy or separation of powers, changing the constitutional system of Ukraine”, from 5 to 8 years. If this is a “usual” unjust decision, then the punishment will be slightly decreased – from 3 to 6 years in prison.
The author of the project does not specify why the upper limit for the judges of the Supreme Court is a little bit higher. It is also not clear who will determine the illegality of the decisions of the Constitutional Court.
However according to the explanatory note mentioning the well-known Decree of the Verkhovna Rada from February 24, 2014 №775-VІІ, such an assessment can be made based in votes in parliament.