April 12, 2023
On Wednesday, April 12, 2023, sessions of the First and Second Senates were held, at which judges deliberated cases upon constitutional complaints.
In the in-camera part of the plenary session, the First Senate proceeded with deliberation of the case upon the constitutional complaint of the citizen of Ukraine Iryna Halchenko regarding the constitutionality of a specific provision of Article 142.3 of the Law of Ukraine “On Judiciary and Status of Judges” dated June 2, 2016 No. 1402-VIII. Upon the results of the deliberation, the Court adopted a Ruling on closing the constitutional proceedings in the case.
Also at the session, the First Senate adopted a Ruling on deliberation of the case upon the constitutional complaint of Volodymyr Tymoshenkov 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 the Prosecution Offices Reform” dated September 19, 2019 No. 113-IX in the form of written proceedings.
On Wednesday, April 12, 2023, the Second Senate at the public part of the plenary session in the form of written proceedings deliberated the case upon the constitutional complaint of Serhii Palatov regarding the constitutionality of Article 87.3.1.2 of the Law of Ukraine “On Public Service” dated December 10, 2015 No. 889-VIII (hereinafter referred to as “Law No. 889”) in the wording of 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. The Court examined the materials of the case at the public part of the plenary session and proceeded to the in-camera part for a decision.
The Second Senate, in the in-camera parts of the plenary sessions, proceeded with deliberation of cases upon constitutional complaints of:
- Serhii Syrotenko regarding the constitutionality of specific provisions of Article 171.9.2, Article 246.5.4 of the Code of Administrative Procedure of Ukraine;
- Olha Doroshko, Ivan Kushaba regarding the constitutionality of paragraphs 1, 5 of Article 19.6, Article 389.3.2 of the Civil Procedure Code of Ukraine;
- Representatives of “ANDRITZ HYDRO GmbH” regarding the constitutionality of the provisions of paragraph 120-1.1 of Article 120-1 of the Tax Code of Ukraine.
The Court will proceed with their deliberation at one of the next plenary sessions.
At the session, the Second Senate deliberated the issue of determining the form of constitutional proceedings in cases upon constitutional complaints of the Private Enterprise “General Construction Management” regarding the constitutionality of Article 321.2.2, Article 321.3 of the Economic Procedure Code of Ukraine and Serhii Vashchenko regarding the constitutionality of Article 361.5.1 of the Code of Administrative Procedure of Ukraine. Upon their deliberation, the Second Senate adopted rulings on deliberation of these cases in the form of written proceedings.
On the same day, a session of the First Board of Judges of the First Senate was held, at which the judges adopted rulings on initiating constitutional proceedings in cases upon constitutional complaints 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 the Prosecution Offices Reform” dated September 19, 2019 No. 113-IX;
- Mariana Ostapenko 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 the Prosecution Offices Reform” dated September 19, 2019 No. 113-IX.
