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Ukraine: Constitutional Court declared unconstitutional criminal code provision concerning judges’ liability

Strasbourg 16/06/2020
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Ukraine: Constitutional Court declared unconstitutional criminal code provision concerning judges’ liability

On 11 June, the Constitutional Court of Ukraine declared unconstitutional Article 375 of the Ukrainian Criminal Code, which provided for the liability of judges for the “delivery of a knowingly unfair judgment”.

The Committee of Ministers has expressed concern about this provision and its application in the context of the group of cases of Oleksandr Volkov v. Ukraine. Notably, in March 2020, the Committee urged the Ukrainian authorities to undertake a comprehensive revision of the criminal law provisions relating to liability of judges, referring to the need to revise or abrogate Article 375 of the Criminal Code, as its vague wording posed a continuous threat to judicial independence.

 


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