Lawyer on Bill 8371: Referencing the Constitution while violating it
The first thing that caught Lutkovska's attention was a reference to Article 35 of the Constitution concurrently with the expansion of the Constitution's provisions.
Draft law No. 8371 refers to Article 35 of the Constitution, which guarantees freedom of religion, but at the same time expands the grounds for restricting such freedom. Valeria Lutkovska, a distinguished lawyer of Ukraine, believes this is a manipulation.
She reminds us that the list of grounds for restricting freedom of religion is exhaustive and cannot be expanded. The lawyer points out that, in particular, the draft law allows for the restriction of freedom of religion "in the interests of national security."
"The first thing that stands out is the presence, on the one hand, of a reference to Article 35 of the Constitution, and on the other hand, the expansion of the Constitution's provisions. The Constitution of Ukraine does not grant the state the right to interfere with religious freedom in the interests of national security!" Lutkovska emphasized in an interview with comments.ua.
Furthermore, draft law No. 8371 does not contain clear criteria for what constitutes a "threat to national security"ю This means that any religious organizations that are simply undesirable to the authorities could fall under the law's provisions.
"Is such an expansion of grounds for interference a violation of constitutional rights? Yes, unequivocally. The preamble of the draft law, which should determine further legal regulation, cannot contain a norm that is not in line with to the Constitution of Ukraine, even if it references it. This example is just one, the first that catches the eye before a thorough analysis, but it vividly demonstrates the kind of manipulation that will occur in the subsequent text," she summarized.
As the UOJ reported, according to Lutkovska, the law banning the UOC could hinder Ukraine's path to the EU.
