This is a separate opinion of the Constitutional Court of Ukraine (CCU) Judge Serhii Riznyk regarding the decision in the case concerning the constitutionality of provisions of the Law of Ukraine “On Prosecution” related to the dismissal of prosecutors. The judge disagrees with the CCU decision that declared unconstitutional paragraph 9 of part 1 of Article 51 of the Law (concerning the dismissal of a prosecutor in the event of liquidation or reorganization of the prosecution body). In the judge’s opinion, the CCU made methodological errors when analyzing the content of the challenged norms. The main arguments of the separate opinion are:
• The CCU did not take into account the systemic connections of the challenged norms with other legislative provisions, in particular with the Labor Code and Article 60 of the Law on Prosecution
• Declaring the provision on dismissal during liquidation/reorganization unconstitutional creates a logical contradiction, since the very nature of such procedures implies the possibility of dismissal
• The CCU erroneously interpreted the content of norms regarding the prosecutor’s status after dismissal
In the judge’s view, the CCU decision created a new problem, the ways of solving which are not obvious, instead of solving an actually existing one.
