Date: 7 months ago   Category: Politics

Bill 9055 turns several constitutional articles into useless declarations, at once - Gvozdy


"Several short stories of the main text of the bill are a Sword of Damocles for each lawyer".

the bill "About Legal Profession and Lawyer Activity" No. 9055 Submitted in September to the Verkhovna Rada not only contradicts the Constitution, but also threatens protection of the rights of Ukrainians.

About it in the blog on the website the Censor. Is NOT PRESENT the Deputy Head of National association of lawyers of Ukraine Valentin Gvozdy wrote. Proving by

the position, Gvozdy pays attention to that fact that the Constitution guarantees everyone the right for professional legal aid and this function is assigned by the Basic law to legal profession. But, according to him, taking into account many provisions of the bill, the efficiency of providing such help will significantly decrease: "literally, the lawyer in process will be put in such framework where it will be only "the present person"".

the Lawyer considers that bill 9055 breaks standard of Article 22 of the Constitution of Ukraine which accurately says that constitutional rights and freedoms are guaranteed and cannot be cancelled. "In particular, completeness of realization of legal tools of the defender, according to the bill, limited liability behind abuses of the professional rights. The new article of the Code of Criminal Procedure 22-1 of "Abuse of procedural laws" (Transitional provisions of the bill) and some more short stories of the main text of the bill is a Sword of Damocles for each lawyer and in fact is cancellation of human rights. Unconstitutional norms similar in my opinion contain also in procedural codes", - Gvozdy wrote.

according to Gvozdy, also constitutional right at free choice of the defender is violated, the bill assumes that this choice will be influenced by prosecutors, investigators and judges.

besides, it noted that Article 22 of the Constitution orders that at adoption of new laws restriction of the existing rights and freedoms is not allowed, but "bill 9055 turns several constitutional articles into useless declarations at once".

In this regard, Gvozdy asked parliamentarians a question: Whether "People's Deputies are ready to support such risks or nevertheless will request opinion of the Constitutional court, will show time".

the Lawyer considers that "in connection with attempt to make system changes to regulation of the constitutional institute of legal profession it is worth showing political foresight, but not political cunning. The bill establishing rules of work of lawyers infringes on the interests not of one profession, but all citizens of Ukraine. Whether it is possible to put personal ambitions above the whole section of the Constitution on the rights and freedoms of the person and the citizen?". to

Earlier, special-purpose committee I LIE drew the conclusion that bill 9055 bears in itself corruption risks, and, above all scientific and expert management of the Verkhovna Rada did not recommend to realize the changes offered in the bill.

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