Home > 1.1.3 Submission of candidatures > UKRAINE - Amicus Curiae Brief on Additional Sanctions for Committing an Administrative Offense
 
 
 
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Paragraph 22
 

The Venice Commission notes that the Ukrainian courts are given a wide margin of appreciation to apply or not the sanction of disqualification: Article 30.6 of the Code of Administrative Offences provides for such a sanction “when given the nature of the administrative offence committed in his/her official capacity, the person who committed an administrative offence, and other circumstances of the case, the court recognises that it is impossible for him/her to retain the right to hold certain positions or to be engaged in certain activities”. The text of this provision is rather vague, as it does not refer explicitly to the objective elements which should form the judge’s conviction about an ‘impossibility” to retain the mandate. To assess whether the requirement of foreseeability has been fulfilled, the question should be raised whether the existing case-law enables the citizen “to regulate his conduct: he must be able - if need be with appropriate advice - to foresee, to a degree that is reasonable in the circumstances, the consequences which a given action may entail.”12 The past years Article 30.6 has been applied in various cases. The Venice Commission cannot express its final view as to the foreseeability of this administrative sanction. It falls on the Constitutional Court to assess this matter.