The topic studied by freshmen lawyers became an apple of discord
in the Grand Chamber of the Supreme Court.
The draft "On Amendments to Certain Laws of Ukraine on
Ensuring the Rule of Law for the Protection of Fundamental Human
Rights and Freedoms" (No. 10061) was registered with the
Verkhovna Rada (the Parliament). It may seem that the draft law
prohibits referring to the provisions of the Constitution as the
norms that have direct effect. However, the problem is much
deeper.
No right to an independent conclusion
Article 8 of the Constitution establishes that laws shall
conform to it. In case of any discrepancies, provisions of the
Constitution shall prevail. Procedure related to consideration of
cases in respect of application of the law provisions that are not
compliant with the Constitution, is regulated by the procedural
codes.
