At a plenary session on November 3, the Constitutional Court of Ukraine will continue consideration of the law "On ensuring the functioning of the Ukrainian language as the state language."

The corresponding announcement was previously posted on the website of the instance.

The case is being considered on the constitutional proposal of a group of deputies of the Verkhovna Rada.

The application was filed back in June 2019, before the entry into force of the language law.

An open hearing of the case was held at the beginning of July this year, but the verdict was not passed then.

Language discrimination

Recall that the law "On ensuring the functioning of the Ukrainian language as the state language" was adopted by the Rada in April 2019 at the height of the election campaign.

Petro Poroshenko, who was then president of Ukraine, emphasized in his election campaign the theme of ousting the Russian language and supporting the Ukrainian language.

Poroshenko signed a resonant law shortly before his defeat in the second round of elections.

Let us recall that the legislative initiative provides for the mandatory use of the Ukrainian language in all public spheres of public life.

In addition, all cultural events must be held in the state language, films and television programs must be produced.

The share of broadcasting of central TV channels in Ukrainian should be at least 90%.

  • Meeting of supporters of endowing the Ukrainian language with a special state status

  • Reuters

  • © Gleb Garanich

A group of Rada deputies appealed to the Constitutional Court with a proposal to declare the law unconstitutional.

Legislators note that the document contradicts several articles of the Ukrainian Constitution at once.

So, its 10th article guarantees "free development, use and protection of Russian and other languages ​​of national minorities", and 11th article states that the state should contribute to the consolidation of the Ukrainian nation, including through the development of the linguistic, cultural and religious identity of national minorities.

Also, the authors of the complaint draw attention to Article 24 of the Constitution, which proclaims equal rights for all citizens.

In addition, Article 22 of the Basic Law states that new laws cannot narrow the content and scope of existing rights and freedoms.

According to the deputies, the language law directly contradicts the provisions of the constitution, and also creates an "atmosphere of intolerance" in the country. 

It should be noted that Vladimir Zelensky also promised to check the controversial document for compliance with the constitution during his election campaign.

“The bill on the state language was considered during the electoral cycle, which made it hostage to political rhetoric.

The law was adopted without a sufficiently broad public discussion, "Zelensky said in April 2019.

However, having taken the presidency, the politician not only did not cancel the decisions of his predecessor in the language sphere, but also continued his course.

So, in March 2020, Zelensky signed the law "On complete general secondary education", which provides for further cuts in teaching in the languages ​​of national minorities. 

"Tear and Throw"

The intention of the Constitutional Court to consider the issue of the constitutionality of the language law provoked a strong reaction in Zelensky's office.

Advisor to the head of the presidential office, Mikhail Podolyak, even accused the organ of being "reactionary" and politicized.

“If you look at, let's say, the nearest calendar plan of the COP, then the naked eye will already see all their wonderful idea.

Make society as angry as possible.

Will make him tear and throw, "- said Podolyak, commenting on the court's plans to consider a complaint against the language law and the law" On the system of guaranteeing deposits of individuals. "

  • Vladimir Zelensky

  • AFP

  • © CHARLES PLATIAU / POOL

According to Podolyak, the hearings are specially held behind closed doors so that “no one would know why we were returned 10 years ago.”

Thus, the Constitutional Court deliberately escalates the situation, according to Zelensky's office.

As Podolyak stated, the court "clearly acts in the interests of one of the parties."

According to the economist and political scientist Oleksandr Dudchak, the indignation with which the Ukrainian president's office reacted to the Constitutional Court's plans, speaks first of all that the president "got entangled in his own rhetoric."

“He was elected on some slogans, but now he adheres to completely different ones, which fully correspond to the course of the previous government.

Zelensky switched to the same ideological tracks that Poroshenko was following, ”Dudchak said in a conversation with RT.

According to the deputy director of the Institute of CIS Countries Vladimir Zharikhin, with his statement the representative of the presidential office only demonstrated ignorance of the laws.

“The only duty of the Constitutional Court of Ukraine is to check whether certain laws comply with the Constitution of the country, nothing more.

And the fact that Podolyak called the usual work of the Constitutional Court an attempt to take the position of one of the "parties" speaks of his legal illiteracy.

As for why Zelensky himself did not send the language law to the Constitutional Court for verification, this is natural - after the elections, politicians often forget about their promises, ”Zharikhin explained in a commentary on RT.

Rostislav Ishchenko, President of the Center for Systems Analysis and Forecasting, in turn, is confident that the outrage of Zelensky's office is directly related to the previous decisions of the Constitutional Court.

“Now there is a struggle between the executive branch and the Constitutional Court.

In fact, in Zelensky's office they are not worried about the language, they are only concerned about the position of the court on anti-corruption laws, "the expert explained in an interview with RT.

Judicial redistribution

Let us remind you that the consideration of the deputy's submission is taking place against the background of a major conflict between the branches of government in Ukraine.

At the end of October, Volodymyr Zelenskyy introduced bill 4288 to parliament, according to which the powers of the current composition of the CCU are terminated.

However, according to the laws of Ukraine, a decision on the early resignation of powers of judges can be made only by the Constitutional Court itself, and at least two-thirds of the composition must vote for it.

The President accused constitutional judges of trying to "usurp power" and also called on the Rada to annul the Constitutional Court's decision of October 27, by which the court canceled a number of powers of the National Agency for the Prevention of Corruption (NAPC), as well as criminal liability for inaccurate declaration of income of officials.

This step by the court caused a storm of indignation from the executive branch.

Zelensky also said that "the demarche of the Constitutional Court is a public manifestation of a conspiracy of some of the old elites and oligarchs against the president and against the country." 

  • Chairman of the CCU Alexander Tupitsky

  • © Press Service of the KSU

Commenting on Zelensky's initiative, the chairman of the CCU, Alexander Tupitsky, accused the president of attempting a constitutional coup.

“Today a draft law appears, it was riveted overnight, which has signs of a constitutional coup in Ukraine, I declare this responsibly,” he stressed.

At the same time, Zelensky managed to enlist the support of the European Parliament.

This institution expressed concern about the decision of the Constitutional Court of Ukraine, which created a "gap" in the anti-corruption policy of Kiev.

According to the MEPs, the law canceled by the Constitutional Court was one of the key elements of Ukraine's course to eradicate corruption.

The Venice Commission of the Council of Europe took a different position, expressing concern about Zelensky's plans to terminate the powers of judges of the Constitutional Court.

This is stated in a letter that the commission sent to the speaker of the Rada, Dmitry Razumkov.

“The dismissal of judges [of the Constitutional Court] is a gross violation of the Constitution and the fundamental principle of separation of powers.

Violation of the Constitution - even in the name of a supposedly good goal - makes it impossible to strengthen the constitutional system and ensure respect for the rule of law, for which the fight against corruption is being conducted, ”the document emphasizes.

According to experts, the plans of the Constitutional Court to consider the issue of the state language at the moment are not related to the earlier scandal.

In addition, the court is unlikely to try to use this issue to exert any pressure on the executive branch of government, analysts say.

“There is a certain sequence of consideration of complaints, which is why the judges have now started checking this issue.

It is difficult to make predictions about a possible verdict, the court can make any decision, ”said Vladimir Zharikhin.

  • The building of the Constitutional Court of Ukraine

  • Reuters

  • © Valentyn Ogirenko

Alexander Dudchak is also not ready to make predictions about a possible COP verdict.

“I am not sure that the judges will be able to recognize the language law as unconstitutional in the current situation, when they are under enormous pressure anyway.

Today the judicial system in Ukraine is too biased and politicized.

And generally speaking, not only the language law contradicts the Constitution, but also the government that adopted it, which came to power after the 2014 coup d'etat, ”the expert concluded.