On February 14, 2024, the Second Senate of the Constitutional Court, at a plenary session in the form of oral proceedings, commenced the deliberation of the case upon the constitutional complaint of Oksana Bukhtoiarova regarding the constitutionality of Articles 1.1.15, 3.1.2-c, 45.1, 51-1.1 of the Law of Ukraine “On Prevention of Corruption”, Article 238.1.1 of the Code of Administrative Procedure of Ukraine.
During the plenary session, the Permanent Representative of the Verkhovna Rada of Ukraine at the Constitutional Court of Ukraine Maksym Dyrdin declared a recusal of the judge of the Second Senate of the Court to Serhiy Holovaty.
In accordance with the Article 36.1 of the Law of Ukraine “On the Constitutional Court of Ukraine”, the Senate is composed of nine judges of the Constitutional Court. The Second Senate is currently composed of only six judges, which is a critical quorum for the Senate's authority.
According to the Law of Ukraine “On the Constitutional Court of Ukraine”, a session, at which the issue of recusal of a judge is to be considered, is valid if at least six judges from the Senate are present.
The ruling to recuse a judge is adopted in the Senate without the participation of the judge against whom the recusal is filed. In view of this, the Second Senate is not valid to consider the issue of recusal, and therefore the Chairman of the session adjourned this session. The date and time of the plenary session will be announced later.
The plenary session was attended by the subject of the right to constitutional complaint Oksana Bukhtoiarova, the Permanent Representative of the Verkhovna Rada of Ukraine at the Constitutional Court of Ukraine Maksym Dyrdin, the Representative of the President of Ukraine at the Constitutional Court of Ukraine Serhii Dembovskyі, representative of the Ukrainian National Bar Association, attorney Maryna Stavniichuk, representative of the National Agency on Corruption Prevention, Acting Head of the National Agency on Corruption Prevention Iaroslav Liubchenko and other citizens of Ukraine.
The video recording of the public part of the plenary session is available on: https://sv1.ccu.gov.ua/video_ccu1/ks2_14_02_2024.mp4.
declared a recusal of the judge of the Second Senate of the Court Serhiy Holovaty
