Supreme Court won’t settle a debate through constitutional interpretation – Kwaku Azar on NPP presidential term limit suit
Legal scholar Kwaku Azar Asare has questioned whether the New Patriotic Party’s (NPP) suit at the Supreme Court seeking an interpretation of the presidential term limit presents a justiciable constitutional dispute or amounts to a request for an advisory opinion. The NPP has filed a suit at the Supreme Court seeking an interpretation of Article 66(2) of the 1992 Constitution, which provides for a…
The Constitutional Court of Ukraine has ruled that the current provisions of the Criminal Code do not permit conditional early release for life sentence prisoners to fulfill their military service obligations. This decision was made after the court reviewed a constitutional complaint filed by Anatoliy Oleksandrovych Luzhynetsky and adopted Decision No. 13-r(II)/2026.
The court concluded that the mechanism for conditional early release, established by Article 81-1 of the Criminal Code, is temporary and only applicable during mobilization or martial law. The court deemed that conscripting individuals who have committed particularly serious criminal offenses, such as violent murder of two or more persons, poses additional risks to military discipline, subordination, and the safety of other military personnel and civilians.
Consequently, the court found that the provisions of Article 811 of the Code, which do not allow for conditional early release for life imprisonment, are constitutional and in line with the Constitution of Ukraine.
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