Tetiana Lysovets on the Decision of the Constitutional Court on the National Utilities and Regulatory Commission of Ukraine

Tetiana Lysovets on the Decision of the Constitutional Court on the National Utilities and Regulatory Commission of Ukraine

Comment on the article “There is no legally impeccable way to postpone enforcement of the decision of the Constitutional Court on the National Utilities and Regulatory Commission of Ukraine”

 “The law on the Constitutional Court does not provide for a mechanism for changing the time frames for enforcement of its decisions,” believes Tetiana Lysovets, the Senior Partner at Sokolovskyi and Partners Law Firm, as it is reported by Energy Reform.

That was her comment to Energy Reform on whether it was possible to postpone enforcement of the decision of the Constitutional Court on the National Utilities and Regulatory Commission of Ukraine.

“Given the regulations on the Constitutional Court, it is hard to suppose which legal mechanism the authors of the idea could count on in order to extend the time frames for enforcement of the decision. The proceedings in the case have been completed, and the decision may not be amended or appealed from,” the lawyer noted.

As a reminder, the people’s deputy from the Servant of the People Faction told about the intentions to apply to the Constitutional Court for postponing enforcement of its decision on the unconstitutional nature of the law on the National Utilities and Regulatory Commission of Ukraine for a certain period in her comment to Energy Reform. According to the court decision delivered in June, the clauses of the law on the National Utilities and Regulatory Commission of Ukraine shall be brought into conformity to the Constitution by 1 January 2020.

As Tetiana Lysovets said, there have been no precedents of postponing enforcement of the decisions of the Constitutional Court.

At the same time, Lysovets noted that, according to Article 95 of the Law on the Constitutional Court, the court may eliminate typing errors in its decisions or furnish explanations on the procedure for enforcement of its decisions.