Constitutionality Challenge Denied: Supreme Court Rejects Appeal to Constitutional Court
Date: 2023-11-24 Author: Dima Zakharov Categories: POLICY
During a plenary session, Justice Zhanna Melnyk-Tomenko reported that the Sixth Appellate Administrative Court submitted the challenge based on one of its decisions. The court argued that the provision in question limits citizens' electoral rights in contradiction to the Constitution, deeming it unconstitutional.
However, Melnyk-Tomenko explained that the same court decision, referenced in the challenge, suggests that the provision can be applied with a specific algorithm, legislated and in accordance with the Constitution. This discrepancy in the court's findings raised concerns about the lack of a clear and unambiguous justification for the provision's alleged unconstitutionality.
The judge also cited another reason for refusing to refer the matter to the Constitutional Court: the decision cited by the Sixth Appellate Administrative Court had been overturned by another judicial instance.
Ultimately, the Supreme Court decided to reject the appeal to the Constitutional Court regarding the alleged unconstitutionality of this Electoral Code provision.
However, Melnyk-Tomenko explained that the same court decision, referenced in the challenge, suggests that the provision can be applied with a specific algorithm, legislated and in accordance with the Constitution. This discrepancy in the court's findings raised concerns about the lack of a clear and unambiguous justification for the provision's alleged unconstitutionality.
The judge also cited another reason for refusing to refer the matter to the Constitutional Court: the decision cited by the Sixth Appellate Administrative Court had been overturned by another judicial instance.
Ultimately, the Supreme Court decided to reject the appeal to the Constitutional Court regarding the alleged unconstitutionality of this Electoral Code provision.
