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Constitutional Court recognizes impossibility of revising life imprisonment as unconstitutional
KYIV. Sept 17 (Interfax-Ukraine) – The Constitutional Court of Ukraine found Articles 1 of Article 81 and Part 1 of Article 82 of the Criminal Code of Ukraine on the impossibility of reviewing the sentence of a person convicted to life imprisonment as inconsistent with the Constitution of Ukraine, the Constitutional Court’s communications and legal monitoring department said on Friday.
"Taking into account the facts of violation by Ukraine of Article 3 of the Convention [on the Protection of Human Rights and Fundamental Freedoms of 1950] established by the European Court of Human Rights on the basis that the punishment of life imprisonment is a punishment without the prospect of release, and taking into account that Part 2 of Article 28 of the Constitution of Ukraine is identical to Article 3 of the Convention, the Constitutional Court considers the punishment established by the Code in the form of life imprisonment as a punishment without the prospect of release is incompatible with the requirements of the Constitution of Ukraine," the court said.
According to the statement, the decision of the Constitutional Court is based on documents of international law and takes into account the practice of agencies of constitutional jurisdiction of European countries, such as Germany, Poland, Romania, Lithuania, Hungary, as well as Western scientific doctrine.
The Constitutional Court ordered the Verkhovna Rada to immediately bring the regulation established by Articles 81 and 82 of the Criminal Code in line with the Constitution of Ukraine and the adopted decision.
