Constitutional Coup in Ukraine in 2014: A Constitutional Law Analysis Cover Image

Przewrót konstytucyjny na Ukrainie w 2014 roku. Analiza konstytucyjno-prawna
Constitutional Coup in Ukraine in 2014: A Constitutional Law Analysis

Author(s): Grzegorz Kowalski
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Kancelaria Sejmu
Keywords: Constitution; constitutional order; Verkhovna Rada of Ukraine; President; Constitutional Court of Ukraine; separation of powers; state power usurpation; independence of the judiciary

Summary/Abstract: The article brings up issues of the change of the constitutional order in Ukraine in February 2014. For that reason the normative acts passed during that period by Verkhovna Rada of Ukraine (concerningthe change of constitutional order) are discussed, in particular: (a) the Act of February 21st, 2014 on Restoring Specific Provisions of the Constitution of Ukraine, (b) Resolution of February22nd, 2014 and (c) Resolution of February 24th, 2014. Detailed analysis of Ukrainian parliament’sacts mentioned above (including the reasons for their adoption) in the light of the Constitution legallybinding at that time, judicial decisions of the Constitutional Court of Ukraine and literature, leadsto the conclusion that the change of constitutional order in Ukraine occurred in a manner inconsistentwith the Basic Law of Ukraine, primarily in violation of the principles of: supremacy of Constitution,separation of powers, legality of operation of State authorities and independence of the judiciary,and ban on state power usurpation. This analysis proves an assumption made in the article that Verkhovna Rada of Ukraine introduced amendments to the constitutional order unlawfully.

  • Issue Year: 2018
  • Issue No: 1
  • Page Range: 31-60
  • Page Count: 30
  • Language: Polish