In the Case upon the Constitutional Complaint of Taras Zayets
the Court Proceeded to an In-Camera Part of the Plenary Session
On May 27, the Grand Chamber of the Constitutional Court of Ukraine at the public part of the plenary session in the form of written proceedings considered the case upon the constitutional complaint of Taras Zayets on the constitutionality of the provisions of Article 88.3 of the Law of Ukraine "On Judiciary and Status of Judges" of June 2, 2016 № 1402-VIII (hereinafter - the Law).
The subject of the right to a constitutional complaint Taras Zayets prior to the consideration of the case by the Grand Chamber of the Constitutional Court of Ukraine filed an application on recusal of judges of the Constitutional Court of Ukraine Viktor Kryvenko, Viktor Kychun, Iryna Zavhorodnia, Oleksandr Lytvynov, Serhiy Sas and Petro Filiuk from consideration of the case. Following the discussion, the Court rejected this application.
The Permanent Representative of the Verkhovna Rada of Ukraine to the Constitutional Court of Ukraine Olha Sovhyria addressed the plenary session with a request to postpone the consideration of this case, to unite the constitutional proceedings upon the constitutional complaint of Taras Zayets, as well as constitutional complaints of O. Holiashkin, I. Diadechko into one proceeding, as in the mentioned constitutional complaints the same norm of the Law is being disputed. Olha Sovhyria also filed a motion to change the form of the proceedings from written to oral. The motion was supported by the Representative of the President of Ukraine to the Constitutional Court of Ukraine Fedir Venislavskyi, and the subject of the right to a constitutional complaint Taras Zayets spoke out against the change of the form of consideration of the case and against the postponement of the consideration of the case.
Following the discussion of the motion of the Permanent Representative of the Verkhovna Rada of Ukraine to the Constitutional Court of Ukraine Olha Sovhyria, the Court decided to proceed with consideration of the case at the public part of the plenary session. The motion was attached to the case file, and the issues raised in it will be considered at the in-camera part of the plenary session.
During the plenary session, the Judge-Rapporteur in the case Petro Filiuk informed that Taras Zayets appealed to the Constitutional Court of Ukraine with a constitutional complaint, requesting to consider the issue of constitutionality of the provisions of Article 88.3 of the Law, which determine an exhaustive list of grounds on which the decision of the High Qualification Commission of Judges of Ukraine, adopted as a result of the qualification assessment, may be appealed and revoked.
The subject of the right to a constitutional complaint considers that the possibility of appealing the decision of the High Qualification Commission of Judges of Ukraine provided by the provisions of Article 88.3 of the Law based on the results of the qualification assessment solely on formal grounds restricts his constitutional right to judicial protection, as well as the right to appeal the decision of the High Qualification Commission of Judges of Ukraine as a subject of power.
According to Taras Zayets, the disputed provisions contradict the provisions of Article 8, parts one, two of Article 55, parts one, three of Article 124 of the Constitution of Ukraine.
The Grand Chamber of the Constitutional Court of Ukraine completed the consideration of the case at the public part of the plenary session and proceeded to the in-camera part.
The public part of the plenary session is available on the official website of the Constitutional Court of Ukraine in the section ‘Archive of Video Broadcasts of the Sessions’.
