Today, February 23, the Second Senate in the public part of the plenary session in the form of written proceedings deliberated the case upon the constitutional complaint of Volodymyr Soloviov on the constitutionality of certain provisions of Section 3 of the Law of Ukraine “On Amendments to the Commercial Procedural Code of Ukraine, the Civil Procedure Code of Ukraine, the Code of Administrative Procedure of Ukraine and other Legislative Acts” of October 3, 2017 No. 2147-VIII (hereinafter referred to as “the Law”).
During the plenary session, Judge-Rapporteur in the case Volodymyr Moisyk presented the content of the constitutional complaint, as well as informed about the progress of the case in the courts and the complainant's substantiation.
In particular, it was noted that V.Soloviov, who is a former judge, appealed to the Constitutional Court of Ukraine with a request to verify the constitutionality of the disputed provisions of the Law, which amended paragraphs 2, 4 of part 4, paragraph 10 of part 6 of Article 12, part 3, paragraphs 2, 4 of part 4 of Article 257, sub-paragraphs “a”, “c”, “d” of paragraph 2 of part 5 of Article 328 of the Code of Administrative Procedure of Ukraine (hereinafter referred to as “the Code”).
The content of the constitutional complaint shows that the complainant appealed to the courts of the judicial system of Ukraine to recalculate the assigned monthly lifetime allowance of a former judge.
The complainant argues that the different approach in interpreting the disputed provisions of the Code in the process of application by the Supreme Court violates his constitutional rights “to judicial protection and cassation appeal of a court decision” under Article 55.1, Article 129.8 of the Constitution of Ukraine and property, the inviolability of which is guaranteed by Article 41.4 of the Basic Law of Ukraine.
The Judge-Rapporteur also reported that 12 letters of inquiry had been sent to public and academic institutions, higher education establishments, and public organisations with a request to deliver their opinions on the issues raised in the constitutional complaint. Inquiries were also sent to the Supreme Court and the State Judicial Administration of Ukraine to provide statistical information on the number of appeals to courts of all instances to calculate the monthly lifetime allowance of a former judge.
After examining the case file in public part, the Second Senate proceeded to an in-camera part of the plenary session for a decision.
The public part of the plenary session is available on the official website of the Constitutional Court of Ukraine under the heading “Archive of video broadcasts of the sessions”.
