On Wednesday, 5 July 2023, the First Senate at an in-camera part of the plenary session proceeded with the consideration of constitutional complaints of:
- Oksana Tymoshenkova, Volodymyr Tymoshenkov regarding the constitutionality of a separate provision of the sixth subparagraph of paragraph 19 of Section II „Final and Transitional Provisions“ of the Law of Ukraine „On Amendments to Certain Legislative Acts of Ukraine on Priority Measures for the Reform of the Prosecutor’s Office“ of 19 September 2019 No. 113-IX;
- Mykola Kostina regarding the constitutionality of certain provisions of paragraph 26 of Section VI „Final and Transitional Provisions“ of the Budget Code of Ukraine;
- Van Kolk Frederik Johannes on the constitutionality of paragraph two of Article 481.6 of the Customs Code of Ukraine.
The Court will proceed with their consideration at one of the forthcoming plenary sessions.
During the in-camera part of the plenary session, the Second Senate proceeded with the consideration of the case upon the constitutional complaints of Anatolii Dushenkevych, Andrii Franko, and Iryna Yarosh regarding the constitutionality of the second paragraph of Article 483.1 of the Customs Code of Ukraine. Following the results of the consideration, the Court adopted Decision No. 5-р(ІІ)/2023, to be published on the Court’s official website on 6 July this year.
The Second Senate at the in-camera part of its plenary session also deliberated cases upon the following constitutional complaints:
- Nataliia Tryhub regarding the constitutionality of paragraph 2 of Article 44.2 of the Law of Ukraine „On State Market Supervision and Control of Non-Food Products“;
- Ruslan Onishchenko regarding the constitutionality of Article 615.6 of the Criminal Procedure Code of Ukraine;
- Oleksii Abramovych regarding the constitutionality of the second paragraph of Article 39.1 of the Housing Code of Ukraine;
- Olha Doroshko, Ivan Kushaba, Mykyta Yevstifeev regarding the constitutionality of paragraphs 1, 5 of Article 19.6, paragraph 2 of Article 389.3 of the Civil Procedure Code of Ukraine;
- Hanna Pleskach regarding the constitutionality of Article 459.1 of the Criminal Procedure Code of Ukraine.
Additionally, the Second Senate determined the written form of the constitutional proceedings in the case upon the constitutional complaint of Yurii Yaroshenko regarding the constitutionality of the first sentence of the sixth paragraph of Article 86.15 of the Law of Ukraine „On the Prosecution Office“ of 14 October 2014, No. 1697-VII, the first sentence of Article 2 of the Law of Ukraine „On Measures to Legislatively Ensure the Reform of the Pension System“ of 8 July 2011, No. 3668-VI.
The Second Senate has also adopted three rulings on the temporary involvement of a judge from another board of judges of the same Senate in the composition of the First, Second, and Third Colleges of Judges of the Second Senate.
The same day, the boards of judges of the First Senate held sessions to consider the issue of initiating constitutional proceedings in cases upon constitutional complaints.
As a result of the consideration, the boards of judges refused to initiate constitutional proceedings in cases upon the following constitutional complaints:
- Myron Naida regarding the constitutionality of Article 24 of the Commercial Procedure Code of Ukraine;
- Ella Yermolenko regarding the constitutionality of Article 394.4 of the Civil Procedure Code of Ukraine;
- Liubov Molchanova regarding the constitutionality of Article 192.2, Article 524.2, Articles 533.2 and 533.3 of the Civil Code of Ukraine, the Decree of the Cabinet of Ministers of Ukraine „On the System of Currency Regulation and Currency Control“, and resolutions of the Supreme Court;
- Viacheslav Pleskach regarding the constitutionality of paragraph 1 of Article 245.2 of the Code of Administrative Procedure of Ukraine;
- Viacheslav Pleskach regarding the constitutionality of provisions of Article 328.2, certain provisions of Article 383 of the Code of Administrative Procedure of Ukraine;
- Limited Liability Company „Mikado-2020“ regarding the constitutionality of Article 202.4, certain provisions of paragraph 4 of Article 226.1 of the Commercial Procedure Code of Ukraine.
Concurrently, the board of judges initiated constitutional proceedings in the case upon the constitutional complaint of Volodymyr Yakimenko regarding the constitutionality of paragraphs 1, 5 of Article 19.6, paragraph 2 of Article 389.3 of the Civil Procedure Code of Ukraine. Further consideration of the case will take place at a session of the First Senate.
