Notice to the Prosecutor General and Minister of Internal Affairs

герб

Member of Parliament of Ukraine

Interfactional Parliamentary Association
“For the Protection of Violated Rights of Citizens and
Against Political Repression
“Forbidden to Forbid”


Prosecutor General of Ukraine
Lutsenko Y. V.

Minister of Internal Affairs of Ukraine
Avakov A. B.

NOTICE
of a criminal offense
(in accordance with part 1, Article 214 of the Criminal Procedure Code of Ukraine)

According to Article 4 of the Law of Ukraine “On the Constitutional Court of Ukraine” (further – the Law), the activity of the Constitutional Court of Ukraine is based on the principles of the rule of law, independence, collegiality, equality of the judges, publicity, thorough and comprehensive examination of the cases, and validity of its decisions.

In April 2015, the Constitutional Court of Ukraine adopted a procedural decision on opening and unifying the proceedings based on the constitutional petition of the Supreme Court of Ukraine concerning the conformity of specific paragraphs and articles of the Law of Ukraine “On lustration” with the Constitution of Ukraine.

The Supreme Court of Ukraine filed its petition on 16.04.2015 based on 130 rulings of the administrative courts concerning the initiation of examination of specific provisions of the Law by the Constitutional Court of Ukraine.

Thus, Article 57 of the Law defines the terms of constitutional proceedings, which must not exceed three months.

Nevertheless, in over a year of examination of the case by the Constitutional Court of Ukraine only five sessions have been held. The Constitutional Court of Ukraine has violated the terms of case examination determined by law due to blatant pressure exerted thereon on behalf of the officials of higher public authorities, several Members of Parliament, and paramilitary groups for the purpose of stalling the process of examination of the aforementioned case and postponing the adoption of lawful decision on the conformity of the provisions of the Law of Ukraine “On lustration” with the Constitution of Ukraine.

In accordance with the requirements of Articles 27, 28 of the Law, in performing their duties, the judges of the Constitutional Court of Ukraine shall be independent and subject only to the Constitution of Ukraine, guided by this Law and other laws of Ukraine, and shall be afforded inviolability.

However, despite the aforementioned provisions of the legislation, certain individuals neglect and disregard the principles of activity of the Constitutional Court of Ukraine with a view to exerting illegal pressure on the Court’s decision-making process. At my request, the Head of the Constitutional Court of Ukraine has forwarded certain materials obtained from generally accessible sources, which, according to the Court, substantiate the claim that the judges of the Constitutional Court of Ukraine have been pressured during the examination of constitutional petitions of the Supreme Court of Ukraine concerning the conformity of specific paragraphs and articles of the Law of Ukraine “On lustration” with the Constitution of Ukraine.

From the beginning of the examination of this case, a number of senior officials of the state and Members of Parliament have been using mass media to knowingly threaten the judges, who conduct examination in the aforementioned proceedings, for the purpose of intimidating and forcing them to adopt a possibly deliberately unlawful decision.

The most outrageous statements made by such individuals are highlighted in the following publications:

http://patrioty.org.ua/politic/narod-shtovkhaiut-na-maidan-konstytutsiinyi-sud-de-fakto-vzhe-skasuvav-liustratsiiu–prshyi-zastkpnyk-ministra-iustytsii-122073.html;

http://m.nv.ua/ukr/publications/privesti-v-kameru-i-pokazati-parashu-lobist-ochishchennja-vladi-jegor-soboljev-pojasnjuje-jak-ne-dopustiti-peretvorennja-vladi-v-kopiju-komandi-janukovicha-145733.html;

http://www.pravda.com.ua/news/2016/06/13/7111610/;

http://obozrevatel.com/politics/74089-yurist-nazval-delo-protiv-yanukovicha-i-sudej-ksu-pokazatelnoj-porkoj.htm;

http://riafan.ru/238416-semenchenko-veteranyi-ato-hotyat-progulyatsya-pered-konstitutsionnyim-sudom;

http://k-z.com.ua/sudebnye-khronyky/33933-simokh-suddiv-ksu-chekae-kriminalna-vidpovidalnist;

Such actions on behalf of a certain group of individuals are nothing but pressure exerted upon the judges of the Constitutional Court of Ukraine, which is aimed at stalling and preventing the process of adopting a lawful decision.

The actions of said persons are subject to criminal liability under Articles 376 – 379 of the Criminal Code of Ukraine, which provide that a maximum penalty for such offenses shall be a prison sentence of up to 12 years.

Despite numerous previous appeals to law enforcement, the Verkhovna Rada of Ukraine, and the Government concerning prevention of any interference in the work of the judges of the Constitutional Court of Ukraine, threats aimed at the judges keep being made and are still not addressed properly, which in its turn violates the principles and guarantees of inviolability and independence of their activity. In accordance with the requirements of part 1, part 4 of Article 214 of the Criminal Procedure Code of Ukraine (further – CPC of Ukraine), the investigator or prosecutor shall urgently, no later than 24 hours after the request or notice of a criminal offense has been filed, add appropriate data to the Single Register of Pre-trial Investigations and commence the investigation process. Refusal to accept and register the request or notice of a criminal offense is unacceptable.

Furthermore, in accordance with paragraph 1, part 1, Article 303 of CPC of Ukraine, inaction of the investigator or prosecutor, which includes not adding the data on criminal offense to the Single Register of Pre-trial Investigations after having received the request or notice of a criminal offense, may be challenged in court.

Taking into consideration all the aforementioned, guided by Articles 214, 216 of the Criminal Procedure Code of Ukraine and Article 16 of the Law of Ukraine “On status of Member of Parliament of Ukraine”,

I HEREBY REQUEST THAT:

  1. No later than 24 hours after the submission of this notice of a criminal offense, appropriate data is added to the Single Register of Pre-trial Investigations and a pre-trial investigation is commenced with a view to determining objective circumstances of the case and bringing the perpetrators to justice.
  2. I am informed of the results of consideration of the notice of a criminal offense within a time period determined by law.

Attachment:

  • the letter of the Head of the Constitutional Court of Ukraine along with materials/publications in mass media;
  • MP appeals addressed to law enforcement, the Verkhovna Rada of Ukraine, and the Government prevention of any interference in the work of the judges of the Constitutional Court of Ukraine.

Respectfully,
                                                            Derkach A. L.

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