Democracy or mess: who is to blame for the constitutional crisis?

To participate in the discussion of what everyone is discussing is to be in the position of the boy who was the last to reach the crowd of adult uncles and aunts who tightly surrounded the place of an interesting event. The boy will not break through, and he will not see, and he will not understand. And today, when all the political uncles and aunts have already spoken several times about who exactly is to blame for the constitutional crisis and why, it is clear that it is necessary not to nervously push around the topic, but to step back and look at the problem from a distance, without emotions, from the side .

The first thing that immediately draws attention to itself is the combination of three loud words and fundamental concepts in one title: "Constitutional Court of Ukraine": Ukraine, Constitution, Court.

Ukraine. Everything is clear with Ukraine. Home. People. Earth. Will. It was, is and will be. Non-negotiable.

Constitution. Basic Law of Ukraine. It is in the Constitution of Ukraine that: "Ukraine is a sovereign and independent, democratic, social, legal state."

Court. And here - at a time when there are no questions about Ukraine and the Constitution in general - the first simple, as they say, children's question: what is a court?

The court is a body that administers justice. As outlined in the Constitution: "Chapter VIII. JUSTICE. Article 124. Justice in Ukraine is administered exclusively by courts."

And this is where humanization is laid - because, unlike the "generalized" Ukraine and the Constitution, justice is, of course, carried out by the courts, but this instance, the courts, already have specific names and faces. Names of judges. The faces of the judges.

And this is where the conflict is laid, and the essence of the conflict is that the Ukraine-Constitution-Justice monument is not held by fantastic turtles on their shells, not by mythical Atlanteans on their shoulders, but completely understandable people of flesh and blood. Imperfect. alive With their personal interests, desires and weaknesses. With his personal naive sins and mistakes like a forgotten house by the sea. With his brothers and sisters, nephews and charming nieces, who also have personal interests, desires and weaknesses... For example, a brother may want assistance in the appointment of a regional prosecutor. And the little sister will be asked to head the regional state... "And how can you not please your little fellow," the philosopher-literater joked with sarcasm one and a half hundred years ago. Even today, he has every reason to have fun.

Despite the unconditional casuistry of lifelong irreplaceability and a certain "immortality", even semi-divinity of our judges, we must learn to choose them. To know their past, their failures in the European Court of Human Rights. Their comrades, who run around Europe and the world and shake their "newbies" wherever the Pleschführer points his finger.

Our judges are not perfect. And it is not necessary to dissolve the Constitutional Court, but to break the system of selection of judges. In all courts. Constitutional law is only the tip of the iceberg, the name of which is Ukrainian Justice. The iceberg has melted nicely. A dirty stain may remain. And then two blue-yellow spots will remain both from the Constitution and from the Ukrainian Statehood. There will be a populated area.

The authority of the Constitutional Court is measured in trust percentage units, just like the justice system. And this was not achieved by the virtual provisions of the Constitution by themselves, not by lines from the text about justice, but by those who administer this Ukrainian version of justice. Imperfect Ukrainian judges of imperfect Ukrainian courts...

And when there, at the top and bottom of this judicial system, there is no law and justice, everyone begins to consider themselves judges at every step. Judges and sentences are passed everywhere: from Office "P" to various talk shows, where sometimes they are ready to shoot and hang. As if there is no constitutional remark: "Delegation of court functions, as well as appropriation of these functions by other bodies or officials, are not allowed." This is not a democracy. This is lawlessness.

Justice did not break in the Constitutional Court — justice broke in the heads of Ukrainians. Even among the most titled. Wasn't this the reason for one of the experienced judges to note that a well-known bald-headed official talked about 150 years in prison on TV channels?

...The Italian court acquitted the National Guard. Someone else's court is our guard. And what awaits our Ukrainian "killers of Sheremet" in our Ukrainian court? Has anyone written down the names of those Italian judges? Maybe, for the effective initiation of our real Ukrainian justice, invite those Italians?...

Serhiyko Shchenevse
for Newsky