Ukraine constitutional court: Penalizing judges for delivering 'knowingly unjust' judgments is unconstitutional

THE JUDGEMENT:  

• The Constitutional Court of Ukraine on 11.06.2020, declaredArticle 375 of the Criminal Code of Ukraineas unconstitutional.
• Article 375 of the Criminal Code penalized judges for delivery of unjust or unfair sentence,judgment, ruling or order knowingly.
• The Court declared that Article 375 of the Code violatesArticles 8.1, 126.1, 126.2, 129.1, 129.2.9 of the Constitution of Ukraine.

THE PROVISION:

• Article 375 of the Criminal Code acts as a hindrance to deliveringan independent decision by the judges.
• The punishment included restraint of liberty for a term up to five years or imprisonment for a term of two to five years.
• The court observed that the provision does not lay down any criteria for determining which ruling of a judge will be deemed to be “unjust”, as well as the term “knowingly unjust” has not been defined.
• In March 2020, Committee of Ministers had asked the Ukrainian authorities to amend the criminal law provisions concerning to liability of judges, stating the need to revise or abrogate Article 375 of the Criminal Code.

WHAT DO YOU THINK ABOUT THE DECISION OF THE COURT?

Do you think the judiciary should be penalized for such “knowingly unjust” rulings?

Let us know your opinion in the comments below!