The decision made at the suit of the Ukrainian Helsinki Union on human rights on the basis of violations of procedures and requirements established by Council of Europe instruments and national legislation.
Illustration / REUTERS
The district administrative court of Kyiv has suspended the competition for the election of a judge of the European court of human rights from Ukraine.
This was reported on the website of the Ukrainian Helsinki Union on human rights.
The report said that in April the end of his term the ECtHR judge from Ukraine Anna Yudkivska and Ukraine is obliged at this time to determine the three candidates for the position by holding a competition and submit candidates for consideration to the parliamentary Assembly of the Council of Europe.
UHHRU believes that the contest is held with gross violation of the procedures and requirements established by the Council of Europe documents and acts of national legislation, namely the violation of the principle of publicity, transparency, openness and timeliness, limiting the possibility of carrying out objective and independent of the competition and actually makes impossible the election of a candidate for judge of the ECtHR from Ukraine in the required time.
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UHHRU on the claim about recognition illegal actions of state authorities, the District administrative court of Kyiv satisfied the claim of the plaintiff and stopped the contest because it does not comply with the procedure established by law.
In particular, the decision of the court of 26 April of the competitive Commission on selection of candidates for election as judge of the ECtHR from Ukraine don’t do anything for the contest and, consequently, on the proposal of the list of candidates to the Ministry of foreign Affairs of Ukraine for its introduction into the Council of Europe. The resolution also prohibits the Ministry of foreign Affairs of Ukraine to conduct testing to determine proficiency of the participants of the competition the official languages of the Council of Europe.
The court decision came into legal force from the moment of its signing by the judge and subject to immediate execution.
As reported the UNIAN, on April 4, President Petro Poroshenko signed a decree №100/2019 “On the competition for the selection of candidates for election as judge to the European court of human rights against Ukraine”, which agreed to create and approve the composition of the tender Committee and other procedural actions.