Constitutional Court of Ukraine Declares Law Unconstitutional, Leading to Release of Colonel Chervinsky

The Constitutional Court of Ukraine (CCU) has delivered a landmark decision that touches on critical issues of human rights and the legality of detention practices in the country. According to a statement from the court's press service, the Second Senate of the CCU has ruled that part five of Article 615 of the Criminal Procedure Code of Ukraine (CPC) is unconstitutional. This ruling stems from a constitutional complaint filed by Roman Hryhorovych Chervinsky, who previously served as the acting commander of one of the special operations units of the Ukrainian Armed Forces.

The decision, passed by the Second Senate, concluded that the questioned provision does not align with the Constitution of Ukraine. The court noted that the provision deemed unconstitutional will lose its validity three months following the announcement of this ruling. This implies that the legislation governing detention practices urgently requires a review by the Verkhovna Rada, Ukraine's parliament.

Judge Oleg Pervomaiskyi, the rapporteur for this case, emphasized the importance of aligning regulatory frameworks with the Constitution of Ukraine and the court's ruling. This highlights the necessity of protecting human rights in Ukraine and underscores the importance of upholding legality within the criminal justice process.

It is important to recall that Roman Chervinsky was detained by the Security Service of Ukraine on April 24, 2023, in connection with an investigation into the shelling of the Kanatove airfield in July 2022. Following his arrest, on April 25, the Shevchenkivskyi District Court of Kyiv imposed a two-month detention without the possibility of bail. Over the following months, the court repeatedly extended this detention, which sparked outrage among human rights advocates.

Subsequently, the Kropyvnytskyi Court of Appeal ruled to set bail for Chervinsky at 9 million 84 thousand hryvnias. This substantial sum was covered by Member of Parliament Petro Poroshenko, which also generated considerable public interest. On July 17, 2024, Roman Chervinsky was released from pre-trial detention, marking a significant event for his family and supporters.

The ruling by the Constitutional Court of Ukraine may have far-reaching implications for the justice system in the country, as it underscores the importance of adhering to human rights and the rule of law. The issue of detention without a court decision has sparked extensive debate among legal experts and human rights defenders, who have advocated for reforms in the criminal procedural legislation.

In light of this, it is crucial for the Verkhovna Rada of Ukraine to respond promptly to the CCU's ruling and take necessary measures to align the legislation with the Constitution. This would represent a vital step in ensuring the rights and freedoms of citizens, as well as strengthening public trust in the judicial system in Ukraine.

Stay updated with the latest news and events in Ukraine by joining our channels on Telegram, Instagram, and YouTube.