The Second Senate of the Constitutional Court of Ukraine at its plenary session on April 19, 2023 delivered a Decision in the case upon the constitutional complaints of Serhii Syrotenko regarding the conformity of specific provisions of Article 171.9.2, Article 246.5.4 of the Code of Administrative Procedure of Ukraine with the Constitution of Ukraine.
The subject of the right to a constitutional complaint believes that, in view of his disagreement with the indication of his place of residence and the registration number of the taxpayer's registration card in court decisions, the courts did not have sufficient grounds to indicate these data in such decisions, since, in his opinion, this , “did not pursue a legitimate aim and was not necessary in a democratic society”, as the case files “provide for an adequate amount of information and written evidence for the purposes of identifying the applicant, including in the aspect of execution of the court decision”.
Serhii Syrotenko emphasises that as a result of the application of the disputed provisions of the Code by the courts, “interference in his personal life took place and his right to personal (private) life guaranteed by Article 32 of the Constitution of Ukraine was violated”.
The Constitutional Court of Ukraine, in particular, evaluating the national legal regulation regarding the protection of personal data, concluded that the contested provisions of the Code do not constitute an excessive interference in the personal life of the parties.
Therefore, by this Decision, the Court recognised as conforming to the Constitution of Ukraine (constitutional) specific provisions of the Code of Administrative Procedure of Ukraine of:
- Article 171.9.2 “or place of residence (for individuals)”;
- Article 246.5.4 “or place of residence or stay (for individuals)”, “registration number of the tax payer's registration card of the parties (for individuals), if available”.
The judge-rapporteur in this case is Viktor Horodovenko.
The text of the Decision and its summary will be available on the official website of the Constitutional Court on April 20, 2023.
