Transcripts For ESPRESO 20240704 : vimarsana.com

ESPRESO July 4, 2024

Of the Constitutional Court, some boys and girls who are appointed to foreign foreign projects. Guys who do not understand at all and do not work for the state. Neither what is the constitution nor what is professionalism nor what is jurisprudence. They only know how to repeat political mantras and slogans and you want to imprison such people to elect judges of the Constitutional Court why do we need foreign advisers or advisers and i will name you from this podium three names that can be appointed to the commission and elect judges of the Constitutional Court professor mykola ivanochka zyubra absolutely Undisputed Authority a person known to everyone in the Legal Environment Viktor Ivanovich shishkin a person of crystal integrity Ivan Petrovych dombrovskyi, the former chairman of the Constitutional Court who resigned when pressure was put on him to return power to yanukovych, three absolutely normal people, what do you need for this foreign parade officials of course, you dont need 18 soggib to the Constitutional Court, what do you need, why is this law being adopted, and by the way, i would stop the manipulations here before that , three speakers spoke and told how they fought for something, unfortunately, very unfortunately , with all due respect to of the Venetian Commission, the Venetian Commission issued for the first time in history three conclusions on one and the same law. And sometimes these conclusions contradicted themselves , that is, unfortunately, there are doubts about these three conclusions of the Venetian Commission. I once again i would like to emphasize that in ukraine we need a highquality professional independent Constitutional Court, we had such a composition of the Constitutional Court. This is the first golden tenure of the Constitutional Court , when the mountains were not elected to the Constitutional Court. The constitution , thats what we need to go to, and not to the destruction of the legal system, which will lead to the fact that the Constitutional Court will turn into nothing at all. Volodymyrivna tymoshenko, 5 minutes after that, mom, 3 minutes after that, david yuriyovychs amendment and we will vote for the bill, please, dear friends. Well, its amazing what happens in this hall, sometimes it sucks. We have a fundamental document called the declaration on the state sovereignty of ukraine, who has not studied anywhere . Well , there is no education, understanding, well , your head is empty, what are you going to do, read this declaration , please, it will be very useful to you there it is directly written that this declaration declares the state sovereignty of ukraine as the supremacy, attention, independence, completeness and indivisibility of the power of the republic within its territory, and independence and equality in foreign relations, dear friends, if this is an empty bell for someone, then i am just very sorry for you , then you did not understand what you are in this i can tell you what the law is today. With all due respect to our western friends of the European Union , everyone else. What are you doing . I will decipher if not everyone has this understanding, you are now adopting a law that directly contradicts the constitution of ukraine, according to the constitution of ukraine , the Constitutional Court is formed by a third of the president , the congress of judges and the parliament of ukraine. Which are not prescribed by the constitution at all who are these people damn it show me them to the president of the congress of judges and parliament to indicate which candidates for the position of the Constitutional Court to appoint do you understand what you are doing to us sovereignty put an end to the fact that the Constitutional Court of ukraine is the highest judicial body in general, which can, must and is obliged to monitor the observance of the constitution in all aspects of our life, what are you doing now, you are outsourcing the functions of the Constitutional Court of ukraine in general, you know what this means and why today make such demands to ukraine , first of all, because they do not believe this government, because they think that you all together are not capable of appointing Constitutional Courts, such a law is a spit in the eyes of the president of ukraine, who show that this law says that you are not capable. Let us, by the way, be happy to give it away, which is generally unknown as it is born. And now please tell me how you will then look into the eyes of at least minimal legal experts who still live and work in ukraine outside of this room how will you look them in the eye when you accept such crap, dear friends. I am very glad that there are people who are not able to vote for this. I am very glad that there are people who know what is written in the british parliament. It is written there that the most valuable thing is that it is National Interests if your Constitutional Court, because it will not be ours, yours will be formatted and formed on outsourcing, you understand that the National Interests of ukraine and the constitution of ukraine are already in this Constitutional Court, which will be formed on the basis of this new law , will have absolutely no opportunity to protect our National Interests and the constitution there the National Interests of other states will act, and perhaps large global corporations, anything but not the National Interests of ukraine, this law directly contradicts our constitution and when you are negotiating with the European Union with the International Monetary fund with any International Organizations study in poland just start learning from our friend poland which is able to protect its National Interests and which all negotiations on joining the European Union all negotiations on any International Positions were conducted on the basis of exclusively from the constitution of poland for their National Interests and they did not merge our constitution with National Interests. Why dont you vote for it now dear colleagues, please , three more minutes of hryhoriy mykolaivychs speech mothers, after that, the amendment will be from arahamia, after that, two more minutes of speech from the committee and we will vote, please hryhoriy mykolayovych, 3 minutes, dear people s deputies, what is the basic law for the life of the state and citizens, the constitution guarantees both rights and duties to every citizen of ukraine the conclusions of the Venetian Commission and International Inspectors said that our constitution is the best basis, as far as the small ones are concerned, it is easy to adhere to it. So our judge will be a qualified person who knows the specifics of constitutional law, and there will be to choose by the way, the group by the way, the group that the Venice Commission recommends to us all because it uses a mathematical method of vote counting and we say that six ot imagine six three for three against who won what by the way, the group documents or recommends in the law the built model is different, but the mathematical approach it remains that the more important vote is the vote of the candidate. By the way , i draw attention to the group regarding the International Partner that there are three representatives, so which vote is more important, the first or the third, this is not said, i still draw attention attention to the amendments that stood and were rejected at the committee meeting, and i draw attention to the quality of those candidates who will be included in the fighting group, if we can listen to the candidate from the Verkhovna Rada, give a proper assessment and beat the International Partners to the candidates for the more expensive group, who will give i would like to draw your attention to the fact that our methodology scheme is built, they are provided by orenization. Included in front of european integration but in fact it is Still Necessary to answer to the head of the committee and you are the author who introduced it and to the cabinet of ministers that if judges of the Constitutional Court are to be elected forever, then it is necessary to leave or draw up the mandate and powers or take responsibility thank you thank you dear colleagues i i will ask the peoples fathers, maslov, the head of the committee, where to take your place, because now there will be one amendment, well, the understanding of the committee, after that, before the vote , the speech of the european integration committee, please arahamiya davyd georgiyovych ee good afternoon, colleagues, i have ee the amendment to confirm number 422, there were comments from the Legal Department regarding the effect of this amendment in time, it does not affect the content of the draft law on our obligations that we have taken before the European Union, so please e do not vote in order to fail this amendment and in order to regulate the norms of the draft law. Thank you, what is the position of the committee, please . Ah, and this amendment does not apply at all to the procedure for selecting judges of the Constitutional Court, the subject of this law, the head of the Legal Department had comments on the correctness of the wording in order to make the application of the laws in time clear, but it does not apply to this draft law, so uh, well, you know how we say that the logic is that this amendment may not be supported now. Committee amendment, but davyd yuriy sherehamiya asks to put such an amendment and the decision of the committee, the amendment that a judge of the Constitutional Court can submit an application for resignation if he has served as a judge of the Constitutional Court for at least 7 years , yes, there is a proposal to put 422 amendment for confirmation, please vote for this the amendment arkhamiya asks not to vote for it , please for 32, the decision was not made dear colleagues, i will ask for two minutes from the committee, please ivana orestivna klim pushkinsatsiya after that we are voting, stand here and they will tell me something, will you give me something to say . I thank you for this opportunity to voice the position of the committee on the integration of ukraine into the European Union , based on the results of consideration of this draft law for the second reading, the committee adopted a conclusion according to which this draft law does not contradict International Legal obligations of ukraine in the field of european integration, he will contribute to the implementation of one of the seven recommendations of the European Commission regarding the adoption of legislation on the procedure for selecting judges of the Constitutional Court and takes into account the recommendations of the Venice Commission given in the latter and the conclusion of june 10, 23, at the same time, the draft law contains provisions that do not comply with the principle of Legal Certainty and may hinder the achievement of the goal of introducing a transparent procedure for selecting candidates for the position of judges of the supreme court, namely , it provides a wide the discretion of the Competition Commission to the council of judges and the committee that will consider the documents submitted by candidates for the position of a judge of a Constitutional Court of ukraine in the decision regarding such a person decision on admission or refusal of admission to the competitive selection due to noncorrection of errors and inaccuracies in the documents depending on the nature and content of such documents and this quote. I ask my colleagues to take this decision of the committee into account when you vote, and i would also like to draw the attention of the Verkhovna Rada to the fact that the committee made a decision that this draft law is aimed at fulfilling our International Legal obligations in the field of european integration, and accordingly it should be considered with this flag, which unfortunately are to those to those bills that are not always really aimed at that, so i would ask you to take this into account when preparing the agenda for the next meetings. Thank you, take your place. Dear colleagues, please prepare for the vote. Meanwhile, denys and the reader asked for one minute to respond to those comments that were also not to give him one minute for each one and after that we vote colleagues thank you Ruslan Oleksiyovych unfortunately i only have one minute to answer everything so i will be very brief colleagues i will answer with a quote from the conclusion of the Venice Commission on this draft law dated june 10, paragraph 39 attention despite the aggressive war of the Russian Federation against ukraine, the ukrainian authorities and Civil Society have demonstrated an exemplary readiness to move forward with reforms and implement the recommendations of the Venice Commission and the 41st paragraph, the commission wishes to express its satisfaction with the constructive attitude of the ukrainian authorities, so colleagues, there is a position of the Venice Commission on this draft law , we vote, we implement the first recommendation of the European Commission and open the way for we support the negotiation process on joining the European Union , thank you. The position of a judge of the Constitutional Court of ukraine Registration Number of the draft law 9322 ready to vote i ask the peoples deputies to vote for 293 the decision was adopted the law was adopted in please show, thank you, colleagues. Thank you, denis vyacheslavovych. I think there is one more check mark against our recommendations. I make a proposal to include this issue in the agenda of the session, i ask to vote for 285, the decision is made, i make a proposal to consider this issue under a shortened procedure, i ask for a vote for 237 the decision has been made dear colleagues, lets vote 22 against her, please, please sign up two for two against , please, the floor is given to borzovia iryna nadumov faction of the Political Party, servant of the people, please, thank you, please, the floor is given to cooper mykhailo cooper mykhailo leontiyovych ee faction of the Political Party European Solidarity thank you, please pass it on to my colleague Mykola Knyazhytsky thank you, please Mykola Knyazhytsky dear colleagues, well, you know the essence of the project. He proposes to significantly expand the possibilities of using exclusion zones and mandatory resettlement, in particular, allow the creation of cemeteries with spent nuclear fuel on the territory of the exclusion zone, allow the state to manage the exclusion zone, regulate chernobyl tourism , determine the sources of investment in the chernobyl zone, and this source is not as an energy atom , is it necessary now, it is obvious that this is a debatable question, does it meet our obligations to the European Union, the draft law does not contradict ukraines International Obligations , but it does not fully take into account the provisions of directive 213 59 of the European Council of december 5, 2013 on the establishment of basic Safety Standards for protection against threats caused by the influenc

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