The Constitutional CourtConstitutional Court A Constitutional Court is responsible for verifying compliance with the provisions of the Constitution. In its capacity as a “court of fundamental rights” and based on its powers to review laws and regulations for their constitutionality, it is called upon to enforce and secure the democratic order of the state under the rule of law. All government bodies and other institutions fulfilling government functions are obliged to comply with the Constitution. In the event of an (alleged) infringement of the Constitution by any such body or institution, the Constitutional Court, established based on the Constitution, renders a final decision on the matter and, if necessary, provides for an appropriate remedy. Therefore, it is often referred to as the “guardian of the Constitution”. of Ukraine initiates the suspension of the membership of the Constitutional Courts of Russia and Belarus in the World Conference of Constitutional Justice (WCCJ)
March 4, 2022
Bureau of the World Conference on Constitutional Justice
Secretariat of the World Conference on Constitutional Justice
World Conference of Constitutional Justice (WCCJ)
On these days it is exactly eight years since the Moscow state has committed an act of aggression against Ukraine firstly: in late February 2014, Russia illegally annexed Crimea and the city of Sevastopol as inseparable parts of Ukraine, thus having committed a crimeCrime A positive or negative act in violation of penal law; an offense against the state classified either as a felony or misdemeanor. under international law.
At that timeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”), the Constitutional Court of the Russian Federation joined that action as a violation of state sovereignty and territorial integrity of Ukraine having adopted the Resolution of March 19, 2014 No. 6-P as a legal instrument to justify the crime committed by the Russian Federation. Afterwards, this action of the Constitutional Court of the Russian Federation was condemned by the presidents of the Constitutional Courts of Ukraine, Lithuania, Poland, Moldova, Georgia and Cyprus in the framework of the Conference of European Constitutional Courts (Joint Statement on Observance of Territorial Integrity and International LawLaw Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. in the Implementation of Constitutional Justice, Batumi, September 10, 2015).
By this act, the Constitutional Court of the Russian Federation gave the green light to the leadership of the Moscow state for further acts of aggression against Ukraine, what eight years later has become a reality. Thus, next act of aggression against Ukraine took place when Russia has recognised independence of self-proclaimed “republics” in uncontrolled by the Ukrainian authorities parts of Donetsk and Luhansk regions (oblasts) of Ukraine. Further violation of the state sovereignty and territorial integrity of Ukraine has happened when Russia launched a wide-scale Russian attack on Ukraine on February 24, 2022.
Nowadays, the Moscow state is not only an aggressor state, but also a terrorist state. It is obvious that the military attack of the Russian Federation against Ukraine is not only still under way but also is aggravating. As a result of this act which is a crime under international law, over 2.000 of completely innocent civilians including the elderly and children perished not to mention militarymen. These are the consequences of the terrorist state’s behaviour.
However, the Moscow state is not the only one waging war in Ukraine. The RepublicRepublic Res publica. Having a head of the state. Pope is the head of the Vatican City state. The people execute their power through an Elected (direct/indirect) President. Political parties sponsored their presidential candidates. Indian president is a constitutional puppet under the ruling Cabinet. In the case of the appointment of Indian judges, presidential power is a vanishing point. of Belarus, being a political and military satellite of the Russian Federation, is assisting in deploying Russian troops and armament on its own territory, thus contributing to the achievement of Russia’s goal to conquer Ukraine.
Starting from the very first day of a new stage of Russia’s war against Ukraine – February 24, 2022 – directly from the territory of the Republic of Belarus, in violation of international humanitarian law during hostilities, missiles have been systematically fired at Ukraine’s military and civilian targets, resulting in mass casualties.
The Constitutional Court of the Republic of Belarus is an element of the whole system of public authorities of this state, which decisions, acts and inaction in violation of universally accepted principles of international law provide for direct assistance to the armed aggression against Ukraine from the territory of the Republic of Belarus. Taking into account the above and guided by the current legislation of Ukraine, the Constitutional Court of Ukraine by its Resolution of March 2, 2022 No.3-p/2022 terminated the Memorandum of Cooperation between the Constitutional Court of Ukraine and the Constitutional Court of Belarus of July 22, 2008.
Founding on the fact that the goal for establishing bodies of constitutional control on any continent of our world is to ensure not only the supremacy of the constitution and its direct effect on the territory of the relevant state, but first and foremost to ensure compliance of the state action with the requirements of the fundamental law, promotion of the ideals of rule of law and human rights, I consider that further membership of these courts in the World Conference on Constitutional Justice is no longer acceptable in the light of the objectives of the Conference as they are set out in Article 1 of its Statute. Therefore, I apply to you with the purpose to consider the matter of suspending the membership of the Constitutional Court of the Russian Federation and the Constitutional Court of the Republic of Belarus in the World Conference on Constitutional Justice in accordance with Article 9 of the Statute of the Conference.
The acts of aggression and the massacres which are results of them should not remain unpunished.
Acting Chairman
of the Constitutional Court of Ukraine
(signed)
Serhiy HOLOVATY
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