BackThe Ukrainian Commissioner for Human Rights, Ms. Valeriya Lutkovska, submitted a request to the Prime Minister of Ukraine concerning the elimination of violations of the right of legal protection, caused by violations during judicial proceedings. Prime Minister Mykola Azarov, instructed the Ministry of Justice and the Ministry of Foreign Affairs of Ukraine to consider this issue and determine ways of its solution and as a result make proposals to the Cabinet of Ministers of Ukraine.
The basis for revision of judgments is defined by edition of article 445 of the Criminal Procedure Code of Ukraine. Ukraine also recognizes the jurisdiction of the European Court of Human Rights. Respectively, on the basis of this norm the final decisions of national courts are subject to revision by the European Court of Human Rights. Nevertheless, the right for legal protection, guaranteed by article 55 of the Constitution of Ukraine, ensures the right of everyone to apply to appropriate agencies of international organizations where Ukraine is a member or participant.
Having acceded to the Optional Protocol of the International Pact on Public and Political Rights, Ukraine recognizes the competence of the UN Committee on Human Rights concerning the consideration of individual complaints of Ukrainian citizens about violations of their rights and freedoms stipulated in the Pact. However, the Commissioner has received several complaints concerning the impossibility to restore the rights of citizens of Ukraine due to legislative gaps.
Therefore the Commissioner for Human Rights stressed that the Criminal Procedure Code of Ukraine needs to be amended. In particular, the requirements of the fourth part of article 55 of the Ukrainian Constitution need to be included in order to comply with decisions of the UN Committee on Human Rights. The Ombudsman of Ukraine suggests to elaborate the Criminal Procedure Code and to submit proposals to the Ukrainian parliament. The right for legal protection needs to find practical realization in criminal legal proceedings in Ukraine.
Source: UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS
