The Committees of the Verkhovna Rada of Ukraine have no right to explain the decisions of the Constitutional Court of Ukraine.
Such a response was provided by the Committee on Legal Policy and Justice to the Ukrainian Association of Rayon and Oblast Councils (UAROR), explaining whether the Committee should give clarifications regarding the legal regulation of the referendum issue at the request of the Central Election Commission.
“The Central Election Commission actually requests the Committee, that is not specialised in voluntary amalgamation of hromadas, to interpret the norm of the Law of Ukraine “On All-Ukrainian and Local Referendums”, which has expired on the basis of the Law of Ukraine “On All-Ukrainian Referendum” No. 5475-VI as of 6 November 2012, which was declared unconstitutional by the decision of the Constitutional Court of Ukraine No. 4-r / 2018 as of 26 April 2018,” reads the letter of the Committee, addressed to UAROR.
The response specifies that the committees of the Verkhovna Rada of Ukraine are obliged to act only on the basis, within the limits of authority and in the manner provided for by the Constitution and laws of Ukraine, and are not entitled to provide explanations to the decisions of the Constitutional Court of Ukraine.
The experts discuss the Committee's stance as set forth in the letter to the Association, and note that the newly elected Central Election Commission should abrogate the Resolution, adopted by the previous membership of the CEC on 9 August 2018. It should be recalled that by this document the CEC blocked the appointment of the first local elections in AHs, requesting the Committee on Legal Policy and Justice to provide clarifications of the decision of the Constitutional Court of Ukraine.
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