April 5, 2023
On Wednesday, April 5, the First Senate at its session adopted the Ruling on the deliberation of the case upon the constitutional complaint of Oleksandr Bredun regarding the constitutionality of Article 87.3.1.2 of the Law of Ukraine “On Public Service” dated December 10, 2015 No. 889-VIII as amended by the Law of Ukraine “On Amendments to the Customs Code of Ukraine and some other legislative acts of Ukraine in view of the implementation of administrative reform” dated January 14, 2020 No. 440-IX in the form of a written proceeding.
In the public part of the plenary sessions, the Second Senate deliberated cases upon constitutional complaints in the form of written and oral proceedings:
- of Artur Boiarov on the constitutionality of Article 380.5.1 of the Customs Code of Ukraine;
- of the “Galician Trade Company” LLC regarding the constitutionality of the provisions of Article 19.6.1, Article 389.3.2 of the Civil Procedure Code of Ukraine;
- of Volodymyr Parovyi regarding the constitutionality of specific provisions of Article 2 of the Law of Ukraine “On Measures for Legislative Support of Pension System Reform” dated July 8, 2011 No. 3668-VI, Article 86.15.6.1 of the Law of Ukraine “On the Prosecution Office” dated October 14, 2014 No. 1697-VII;
- of the Primary trade union organisation of the All-Ukrainian trade union of workers of science, production and finance of PJSC “Arcelor Mittal Kryvyi Rih” regarding the constitutionality of specific provisions of Article 7 of the Law of Ukraine “On the Procedure for Resolving Collective Labour Disputes (Conflicts)” dated March 3, 1998 No. 137/98-VR.
The Second Senate proceeded to the in-camera part of the plenary sessions for decisions in these cases.
A session of the Second Senate was also held, at which the judges adopted a Ruling on the deliberation of the case upon the constitutional complaint of Ivan Sapsai regarding the constitutionality of the provisions of paragraph 19.2 of Section II “Final and Transitional Provisions” of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding Priority Measures for Prosecution Offices Reform” dated September 19, 2019 No. 113-IX as amended by the Law of Ukraine “On Amendments to Section II “Final and Transitional Provisions” of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding Priority Measures for Prosecution Offices Reform” regarding certain aspects of the effect of transitional provisions” dated June 15, 2021 No. 1554-IX in systematic conjunction with Article 51.1.9 of the Law of Ukraine “On the Prosecution Office” dated October 14, 2014 No. 1697-VII in the form of written proceedings.
Moreover the Second Senate adopted 3 rulings on temporary inclusion of judges from other boards of the same senate until July 5 as part of the non-authorized First, Second, Third Boards of judges of the Second Senate.
On the same day, the sessions of the judges of the First Senate on the issue of initiating constitutional proceedings in cases upon constitutional complaints and constitutional petitions were held.
The First Board of Judges of the First Senate adopted 3 rulings on initiating constitutional proceedings in the cases:
- upon the constitutional complaint of Volodymyr Nekrylov regarding the constitutionality of paragraph 2 of Section I of the Law of Ukraine “On Amendments to the Law of Ukraine “On the Status and Social Protection of Citizens Affected by the Chornobyl Disaster” regarding Increasing the Level of Pension Support for Certain Categories of Persons” dated June 29, 2021 No. 1584 – IX, Article 54.3 of the Law of Ukraine “On the Status and Social Protection of Citizens Affected by the Chornobyl Disaster” dated February 28, 1991 No. 796-XII;
- upon constitutional complaint of Volodymyr Tymoshenko regarding the constitutionality of paragraph 19.6 of Section II “Final and Transitional Provisions” of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding Priority Measures for Prosecution Offices Reform”;
- upon the constitutional petition of the Supreme Court regarding the constitutionality of Article 40.1.1 of the Law of Ukraine “On Compulsory State Social Insurance”.
2 rulings (final) on refusal to initiate constitutional proceedings were adopted in the cases upon the constitutional complaints of Hanna Kritsak regarding the constitutionality of paragraphs 1, 5 of Article 19.6, Article 389.3.2 of the Civil Procedure Code of Ukraine and Mykola Milinchuk regarding the constitutionality of Article 34.1 of the Criminal Procedure Code of Ukraine.
The judges will proceed with deliberation of the issue of initiating constitutional proceedings in the case upon the constitutional complaint of Oleksandr Petrychuk regarding the constitutionality of a specific provision of paragraph 3.3 of Section II “Final and Transitional Provisions” of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding Priority Measures for Prosecution Offices Reform” dated On September 19, 2019, No. 113-IX at one of the next sessions of the board.
There was also a session of the Third Board of Judges of the First Senate, at which the judges adopted 4 rulings (final) on the refusal to initiate constitutional proceedings in cases upon constitutional complaints:
- of Mykyta Yevstifeiev regarding the constitutionality of specific provision of Article 1175.1 of the Civil Code of Ukraine;
- of Valentyn Kobyliv regarding the constitutionality of Article 124.2 of the Land Code of Ukraine;
- of Myroslav Shumeilo regarding the constitutionality of paragraphs 1, 5 of Article 19.6, Article 389.3.2 of the Civil Procedure Code of Ukraine;
- of Anna Sofronova regarding the constitutionality of Article 174.1.2, Article 174.2, Article 309.1.9 and Article 309.3 of the Criminal Procedure Code of Ukraine.
