The COP recognized the illegal administrative arrest for 15 days to appeal

КС признал незаконным админарест на 15 суток до апелляции

The constitutional court overturned the premises under the administrative arrest for 15 days to appeal

The constitutional court of Ukraine recognized unconstitutional the urgent placed under administrative arrest for 15 days.

The constitutional Court declared unconstitutional the urgent room of the guilty person under administrative arrest for 15 days after the relevant court decision. This is stated in the court decision from Friday, November 23.

Noted that, the COP considered at plenary meeting case on the constitutional representation of the former Commissioner of the Verkhovna Rada on human rights Valeria Lutkovska.

She argues that the provision of part 1 of article 294 and article 326 of the Code of administrative offences violate human rights enshrined in the Constitution. Under these provisions, the court’s decision to place a person under administrative arrest (15 days) takes effect immediately, not after appeal.

The constitutional court noted that the administrative arrest is the most severe punishment for an administrative offence which is applied in extreme cases.

Moreover, persons subjected to such arrest, to be detained in the places defined by the National police and subjected to personal inspection, use on the physical work without payment of wages.

Thus, the application of administrative arrest is due to a temporary limitation of some constitutional rights and freedoms of man and citizen, in particular, guaranteed by the first part of article 29 of the Constitution the right to liberty and security of person.

In this regard the constitutional court stated that it did not see the introduction in legal force of decisions on application of administrative arrest to the expiration of their appeal for such a public need that would justify the associated restrictions on the rights to judicial protection and appeals review, and considers that such restriction is not consistent with the principle of the rule of law, does not meet the criteria of reasonableness, proportionality, reasonableness.

Thus, the constitutional court declared inconsistent with the Constitution, the impugned provisions of the Code of administrative offences and said that they lost power.

The decision of the constitutional Court is binding, final and cannot be appealed.

The constitutional Court upheld the constitutionally of the policy of Ukrainian membership in the European Union and NATO.

Before that, the constitutional court of Ukraine recognized constitutional the abolition of the allowance for child care until they reach three years and a reduction in the size of the aid at his birth.

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