In the Case on the Constitutionality of Certain Provisions of the Code of Ukraine on Administrative Offenses the Court Proceeded to the In-Camera Part for a Decision

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On Thursday, September 9, the Grand Chamber of the Constitutional Court of Ukraine at the public part of the plenary session in the form of oral proceedings considered the case upon constitutional complaints of Aliona Zabara, Gagik Martyrosian on the compliance of the provisions of Article 14-2.1 of the Code of Ukraine on Administrative Offenses and Nadiia Kopylova on the compliance of the provisions of Articles 14-2.1 and 279-1.5 of the Code of Ukraine on Administrative Offenses (hereinafter - the Code) with the Constitution of Ukraine.

Judges-co-rapporteurs in the case are Viktor Kolisnyk and Viktor Kryvenko.

During the plenary session it was noted that the petitioners appealed to the Court to verify the compliance of the provisions of the Code with the Constitution, which provide:

- administrative liability for offenses in the field of road safety, recorded in automatic mode <…>, photography <…>, bears the responsible person - an individual or the head of the legal entity for which the vehicle is registered <…>;

- the decision to impose an administrative penalty for an offense in the field of road safety, recorded in automatic mode, or for violation of the rules of stopping, parking of vehicles, recorded in the mode of photography (video), may be made without the participation of the person who is brought to administrative liability.

The applicants alleged that the impugned provisions of the Code did not comply with a number of provisions of the Constitution of Ukraine, as they provided for the possibility of bringing to administrative liability the person for whom the vehicle was registered, even if he or she had not committed an administrative offense.

In order to ensure a full and objective consideration of the case, the judges-co-rapporteurs sent letters of inquiry to public authorities, higher education institutions and scientific institutions to clarify their positions on the issues raised in the constitutional complaints.

During the plenary session the Court considered explanations of the participants of the constitutional proceedings on the subject matter of constitutional control, namely: the subject of the right to constitutional complaint Aliona Zabara, the representative of the subject of the right to constitutional complaint Gagik Martyrosian, lawyer Arthur Martirosian, Permanent Representative of the Verkhovna Rada of Ukraine to the Constitutional Court of Ukraine Olha Sovhyria and the representative of the President of Ukraine to the Constitutional Court of Ukraine Fedir Venislavskyi.

Participants in the constitutional proceedings - Adviser to the Minister of Internal Affairs of Ukraine Anton Herashchenko, Director of the Legal Support Department of the Ministry of Internal Affairs of Ukraine Denys Horbas, First Deputy Chief of the Patrol Police Department of the National Police of Ukraine Oleksiy Biloshytskyi, Head of the Department of Administrative and Commercial Law, Zaporizhzhia National University Valeriy Kolpakov, Professor of the Department of State and Legal Disciplines of the Faculty of Law of Vasyl Karazin Kharkiv National University Dmytro Lukyanets, also provided their opinions on the issue raised.

In addition, the session was attended by representatives of the media and other citizens of Ukraine.

The Court examined the case file at the public part of the plenary session and proceeded to the in-camera part for a decision.

The public part of the plenary session is available on the Court's official website under the heading "Archive of Video Broadcasts of the Sessions".

 

 

    

 

 

 

 

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