Today, on January 31, 2024, 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 Volodymyr Lopushanskyi.
During the plenary session, the judge-rapporteur in the case, Galyna Yurovska, noted that Volodymyr Lopushansky appealed to the Constitutional Court of Ukraine to verify the compliance of Article 3.2, Article 4.2.1.9 of the Law of Ukraine “On Court Fees” No. 3674-VI dated July 8, 2011 as amended (hereinafter referred to as “the Law”) regarding the obligation of the plaintiff (recoverer in enforcement proceedings) to pay the court fee for filing a complaint against decisions, actions or inactions of a state enforcement officer or other official of the State Enforcement Service upon filing an appeal or cassation appeal against a judge's ruling issued upon deliberation of a complaint against decisions, actions or inactions of a state enforcement officer with Article 55.1, Article 55.2, Article 129-1 of the Constitution of Ukraine.
According to the author of the constitutional complaint, the provisions of the Law applied in the final court decision in his case violate his right to judicial protection and appeal in court against decisions, actions or inactions of bodies of the state power, local self-government bodies, public officials and employees and do not ensure the state's enforcement of the court decision and control over its execution.
The judge-rapporteur also informed that in order to ensure a complete and objective deliberation of the case and to assure that the Court delivers a reasonable decision, she sent inquiries to the President of Ukraine, the Verkhovna Rada of Ukraine, a number of other bodies of state powers, and higher educational institutions on the issues raised in the constitutional complaint.
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 plenary session was attended by the Permanent Representative of the Verkhovna Rada of Ukraine at the Constitutional Court of Ukraine Maksym Dyrdin.
The video recording of the public part of the plenary session is available on the official website of the Court in the section “Archive of Video Broadcasts of Sessions”.
