Sąd Konstytucyjny Ukrainy: Wykluczyć sądy konstytucyjne Federacji Rosyjskiej i Białorusi z europejskich i światowych konferencji sądów konstytucyjnych (ang.)

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Pełniący obowiązki prezesa Sądu Konstytucyjnego Ukrainy wiceprezes SKU Sergiej Hołowaty zwrócił się w listach do Domnicy Manole, prezes Sądu Konstytucyjnego Republiki Mołdawii, przewodniczącej Europejskiej Konferencji Sądów Konstytucyjnych o wykluczenie konstytucyjnych sądów Federacji Rosyjskiej i Białorusi oraz do Biura Światowej Konferencji Sądów Konstytucyjnych o zawieszenie ich w prawach członków WCCJ.

Zamieszczamy listy w wersji angielskiej

APPEAL

March 1, 2022

Mrs Domnica MANOLE
President of the Constitutional Court of the Republic of Moldova
Acting Chairman of the Conference
of European Constitutional Courts
Chisinau

Dear Mrs President,

ue to the armed aggression of the Russian Federation against Ukraine, which is a gross violation of the generally accepted principles of international law, on behalf of the Constitutional Court of Ukraine I apply to you who holds the position of Acting President of the Conference of European Constitutional Courts to include into the agenda of the next meeting of the “Circle of Presidents” to be held in May 2022 in Chisinau (Republic of Moldova) the initiative to terminate the membership of the Constitutional Court of the Russian Federation in the Conference in accordance with paragraph 2 of Article 7 of the Conference’s Statute.
In the past, the activity of the Constitutional Court of the Russian Federation was denounced due to the adoption by it of the Resolution No. 6-P of March 19, 2014, whereby the crime under international law committed by the Russian Federation – the illegal annexation by the Russian Federation of the Autonomous Republic of Crimea and the city of Sevastopol as inseparable parts of Ukraine, which, under international law, is also defined as an act of aggression – was legalized. At that time such an act of the Constitutional Court of the Russian Federation was condemned by the presidents of the constitutional courts of Ukraine, Lithuania, Poland, Moldova, Georgia and Cyprus (Joint Statement on Observance of Territorial Integrity and International Law in the Implementation of Constitutional Justice, Batumi, September 10, 2015, signed by the presidents of these constitutional courts).
Due to the decisive role of the Constitutional Court of the Russian Federation in the annexation of the Autonomous Republic of Crimea and the city of Sevastopol and the terrible consequences that this has led to today, in particular, the massive and terrible violations of human rights which are rather acts of genocide, we believe that membership of the Constitutional Court the Russian Federation in the Conference of European Constitutional Courts is no more possible due to the fact that it does not meet either the aims of the Conference, as they are prescribed by Article 3 of its Statute or the requirements for membership in the Conference as they are set up by paragraph 1 (a) of Article 6 of its Statute.
We kindly ask you to inform the members of the Conference of European Constitutional Courts of the matter raised in this letter.
I take this opportunity to extend, Mrs President, the assurance of my highest consideration for to you.

Acting Chairman
of the Constitutional Court of Ukraine
(signed)
Serhiy HOLOVATY

APPEAL

March 3, 2022

Mrs Domnica MANOLE
President of the Constitutional Court of the Republic of Moldova
Acting Chairman of the Conference
of European Constitutional Courts
Chisinau

Dear Mrs President,

Referring to my letter to you of March 1, 2022 let me address you yet on another matter.
It is well known that the armed aggression of the Russian Federation against Ukraine is not only still under way but is aggravated. As a result of this action which is a crime under international law, over 2.000 of completely innocent civilians including the elderly and children perished not to mention militarymen. These are the consequences of the aggressor state’s behaviour.
However, it is frustrating that the Republic of Belarus, being a political and military satellite of the Russian Federation, is assisting in deploying troops and armament of the Russian on its own territory, thus contributing to the achievement of Russia’s goals as of an aggressor state.
Starting from February 24, 2022, e.g. the first day of a new stage of Russian war against Ukraine, systematic missile attacks on military and civilian targets in Ukraine have been carried out directly from the territory of the Republic of Belarus. The latter has resulted in mass casualties which is fully incompatible with the norms of international humanitarian law during hostilities.
The Constitutional Court of the Republic of Belarus is one of the most important institutions in the system of public authorities of this state, whose decisions, acts and inaction, in violation of the universally accepted principles of international law, provide direct assistance to the armed aggression against Ukraine from the territory of the Republic of Belarus.
Given the above stated, I apply to you, who holds the position of Acting President of the Conference of European Constitutional Courts, with the proposal to include into the agenda of the next meeting of the “Circle of Presidents” to be held in May 2022 in Chisinau (Republic of Moldova) the initiative to terminate the associated membership of the Constitutional Court of the Republic of Belarus in the Conference in accordance with paragraph 2 of Article 7 of the Conference’s Statute.
Taking into account that the purpose of establishing the bodies of constitutional control on the territory of the European continent is not only to ensure the supremacy of the constitution and its direct effect on the territory of the state, but the compliance of acts of state bodies with the norms of the fundamental law, the assertion of the ideals of the rule of law and human rights as well and first of all, we believe that the associated membership of the Constitutional Court of the Republic of Belarus in the Conference of European Constitutional Courts is no more acceptable due to the fact that it does not meet either the aims of the Conference, as they are prescribed by Article 3 of its Statute or the requirements for membership in the Conference as they are set up by Article 6 of the Statute.
We kindly ask you to inform the members of the Conference of European Constitutional Courts on the matter raised in this letter.
I take this opportunity to extend, Mrs President, the assurance of my highest consideration for to you.

Acting Chairman
of the Constitutional Court of Ukraine
(signed)

The Constitutional Court of Ukraine initiates the suspension of the membership of the Constitutional Courts of Russia and Belarus in the World Conference of Constitutional Justice (WCCJ)

March 4, 2022

Bureau of the World Conference on Constitutional Justice
Secretariat of the World Conference on Constitutional Justice

On these days it is exactly eight years since the Moscow state has committed an act of aggression against Ukraine firstly: in late February 2014, Russia illegally annexed Crimea and the city of Sevastopol as inseparable parts of Ukraine, thus having committed a crime under international law.

At that time, the Constitutional Court of the Russian Federation joined that action as a violation of state sovereignty and territorial integrity of Ukraine having adopted the Resolution of March 19, 2014 No. 6-P as a legal instrument to justify the crime committed by the Russian Federation. Afterwards, this action of the Constitutional Court of the Russian Federation was condemned by the presidents of the Constitutional Courts of Ukraine, Lithuania, Poland, Moldova, Georgia and Cyprus in the framework of the Conference of European Constitutional Courts (Joint Statement on Observance of Territorial Integrity and International Law in the Implementation of Constitutional Justice, Batumi, September 10, 2015).

By this act, the Constitutional Court of the Russian Federation gave the green light to the leadership of the Moscow state for further acts of aggression against Ukraine, what eight years later has become a reality. Thus, next act of aggression against Ukraine took place when Russia has recognised independence of self-proclaimed “republics” in uncontrolled by the Ukrainian authorities parts of Donetsk and Luhansk regions (oblasts) of Ukraine. Further violation of the state sovereignty and territorial integrity of Ukraine has happened when Russia launched a wide-scale Russian attack on Ukraine on February 24, 2022.

Nowadays, the Moscow state is not only an aggressor state, but also a terrorist state. It is obvious that the military attack of the Russian Federation against Ukraine is not only still under way but also is aggravating. As a result of this act which is a crime under international law, over 2.000 of completely innocent civilians including the elderly and children perished not to mention militarymen. These are the consequences of the terrorist state’s behaviour.

However, the Moscow state is not the only one waging war in Ukraine. The Republic of Belarus, being a political and military satellite of the Russian Federation, is assisting in deploying Russian troops and armament on its own territory, thus contributing to the achievement of Russia’s goal to conquer Ukraine.

Starting from the very first day of a new stage of Russia’s war against Ukraine – February 24, 2022 – directly from the territory of the Republic of Belarus, in violation of international humanitarian law during hostilities, missiles have been systematically fired at Ukraine’s military and civilian targets, resulting in mass casualties.

The Constitutional Court of the Republic of Belarus is an element of the whole system of public authorities of this state, which decisions, acts and inaction in violation of universally accepted principles of international law provide for direct assistance to the armed aggression against Ukraine from the territory of the Republic of Belarus. Taking into account the above and guided by the current legislation of Ukraine, the Constitutional Court of Ukraine by its Resolution of March 2, 2022 No.3-p/2022 terminated the Memorandum of Cooperation between the Constitutional Court of Ukraine and the Constitutional Court of Belarus of July 22, 2008.

Founding on the fact that the goal for establishing bodies of constitutional control on any continent of our world is to ensure not only the supremacy of the constitution and its direct effect on the territory of the relevant state, but first and foremost to ensure compliance of the state action with the requirements of the fundamental law, promotion of the ideals of rule of law and human rights, I consider that further membership of these courts in the World Conference on Constitutional Justice is no longer acceptable in the light of the objectives of the Conference as they are set out in Article 1 of its Statute. Therefore, I apply to you with the purpose to consider the matter of suspending the membership of the Constitutional Court of the Russian Federation and the Constitutional Court of the Republic of Belarus in the World Conference on Constitutional Justice in accordance with Article 9 of the Statute of the Conference.

The acts of aggression and the massacres which are results of them should not remain unpunished.

Acting Chairman
of the Constitutional Court of Ukraine

(signed)

Serhiy HOLOVATY

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