Dmytro Terletskyi: “The Constitutional Court is Obliged to Properly Justify Each Decision Instead of Mere Statement”
Participant of the “Tomorrow’s Lawyer” Program Dmytro Terletskyi commented on the Constitutional opinion on the conformity of the draft law on amending the Constitution of Ukraine (abolishing the lawyer’s monopoly) (Reg. No. 1013) to the requirements of Articles 157 and 158 of the Constitution of Ukraine.
In view of its special functional purpose, the Constitutional Court is obliged to properly justify each decision instead of mere statement. This opinion was expressed in the commentary for the “Tomorrow’s Lawyer” Program by a participant of the Program, candidate of judicial sciences Dmytro Terletsky.
He noted, in particular, that any case decided by the Constitutional Court is of particular importance to the state and society. It is about guaranteeing the supremacy of the Constitution of Ukraine, ensuring the observance of constitutionally determined values by other bodies of state power.
“In doing so, every decision or conclusion of the Constitutional Court must be duly substantiated. This is not just a formal requirement of a law. I am convinced that it is a component of the practical implementation of the rule of law and at the same time a means of asserting the legitimacy of the activity of state power as such,” – a participant of the Program, candidate of judicial sciences Dmytro Terletsky.
As he noted, the abolition of the so-called “lawyers’ monopoly” is no doubt a matter of particular importance and not only to the legal community. It matters to the whole of society in general, as it directly affects the provision of professional legal assistance guaranteed by the Constitution to everyone.
The full text is available at the Ukrainian web-page.
The text of the conclusion can be found by the link.
Dmytro Terletskyi also commented for the “Tomorrow’s Lawyer” on seven draft amendments to the Constitution proposed by the President and sent to the Constitutional Court.
***
The opinions expressed in this article are the author’s own and do not reflect the view of the “Tomorrow’s Lawyer” Program, the Ukrainian Bar Association, the Bar Association of Legal Aid Providers, the Quality and Accessible Legal Aid in Ukraine Project, the Canadian Bureau for International Education, or the Government of Canada and the Law Enforcement Section of the United States Embassy in Ukraine.
“Tomorrow’s Lawyer” is a powerful network of lawyers uniting opinion leaders in the legal profession, who provide legal assistance in accordance with the highest ethical standards, act as agents of change in society and leaders in the professional community.
The “Tomorrow’s Lawyer” Program was launched in 2016 and first implemented within the “Quality and Accessible Legal Aid” Project, carried out by the Canadian Bureau for International Education with the support of the Government of Canada in cooperation with the Legal Aid Coordination Centre. It is currently being implemented and developed with the support of the US Embassy’s Law Enforcement Section in Ukraine, the “Tomorrow’s Lawyer” NGO, in partnership with the Ukrainian Bar Association and the Bar Association of Legal Aid Providers.
