September 20, 2024
On September 19, 2024, Supreme Court lodged a constitutional petition to the Constitutional Court of Ukraine regarding the constitutionality of Article 34.1.12 of the Law of Ukraine “On Executive Proceedings” (hereinafter, the “Law”).
In accordance with this provision of the Law, the executor shall suspend the execution of executive actions in case of inclusion of a single property complex of the debtor - a state or communal enterprise, a package of shares (actions) in the amount of more than 50 percent of the authorized capital of the debtor - a business company to the list of objects of small or large privatization, which subject to privatization.
Based on the above-mentioned provision in the civil case, appeal decisions were issued on the suspension of execution of executive actions regarding the collection in favour of the plaintiff of the accrued but not paid salary and severance pay, as well as the costs of professional legal assistance.
The Supreme Court in its constitutional petition notes that "the established binding nature of a court decision that has entered into legal force does not allow its execution to depend on the will of the debtor or any other person, in particular the executor, on the execution or non-execution of actions regarding its execution, since this would negate the importance of the very right to appeal to the court as a means of protection and ensuring the real restoration of violated rights and interests".
The Supreme Court concludes that the contested provision of Article 34.1.12 of the Law is such that it limits the right of individuals to a fair trial, which is guaranteed by Article 6 of the Convention and is one of the main principles of judicial proceedings, defined by Articles 129 and 1291 of the Constitution of Ukraine.
In view of the above, the Supreme Court applied to the Constitutional Court of Ukraine with a constitutional petition, in which it requests to verify the compliance of Article 34.1.12 of the Law with the provisions of Articles 8, 19.2, 55.1, 55.2, 129.2.9, 1291.1, 1291.2 of the Constitution of Ukraine.
The constitutional petition is distributed to the judge-rapporteur.
The text of the constitutional submission is available on the Court's official website under the heading “Pending before the Court”.
