Consideration of Cases upon Constitutional Petitions of People's Deputies of Ukraine, the Supreme Court of Ukraine and upon Constitutional Complaints

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Consideration of Cases upon Constitutional Petitions of People's Deputies of Ukraine,
the Supreme Court of Ukraine and 
upon Constitutional Complaints

Today, May 18, the Grand Chamber of the Constitutional Court of Ukraine at the public part of the plenary session in the form of written proceedings considered the case upon the constitutional petition of 50 People’s Deputies of Ukraine concerning the compliance with the Constitution of Ukraine of paragraphs 3, 4 of Section II "Final and Transitional Provisions" of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Ensuring Constitutional Principles in the Spheres of Energy and Communal Services”, some decrees of the President of Ukraine. After examining the case file at the public part of the plenary session, the Court proceeded to the in-camera part for a decision in the case.

At the in-camera part of the plenary session, the Grand Chamber proceeded with consideration of the case upon the constitutional petitions of the Supreme Court of Ukraine concerning the constitutionality of paragraph 6 of part one, paragraphs 2, 13 of part two, part three of Article 3 of the Law of Ukraine “On Government Cleansing” of September 16, 2014 No. 1682–VII, 47 People's Deputies of Ukraine concerning the compliance with the Constitution of Ukraine of the provisions of paragraphs three and six of Article 1, paragraphs one, two, three, four, eight of Article 3, paragraph two of part five of Article 5, paragraph 2 of Final and Transitional Provisions of this Law, the Supreme Court of Ukraine concerning the constitutionality of the provisions of paragraph three of Article 1, paragraphs 7, 8, 9 of part one, paragraph 4 of part two of Article 3, paragraph 2 of Final and Transitional Provisions of this Law and the Supreme Court of Ukraine concerning the constitutionality of the provisions of paragraph three of Article 4 of this law. Consideration of the case will be proceeded at one of the next plenary sessions.

Following the session of the Grand Chamber of the Court on the extension of the term of adoption of a ruling by the Second Board of Judges of the Second Senate of the Constitutional Court of Ukraine on initiating or refusal to initiate constitutional proceedings in the case upon the constitutional petition of 49 People’s Deputies of Ukraine, the ruling was adopted to extend the term.

Also, at the session of the Grand Chamber of the Court the issue of initiating constitutional proceedings in the case upon the constitutional petition of 46 People’s Deputies of Ukraine concerning the constitutionality of the Resolution of the Verkhovna Rada of Ukraine "On the appointment of S.Shcarlet to the Office of Minister of Education and Science of Ukraine" was considered. Consideration of this case will be proceeded at one of the next sessions of the Grand Chamber of the Court.

In addition, sessions of the Boards of Judges of the First and Second Senates of the Constitutional Court of Ukraine took place. The Third Board of Judges of the First Senate of the Court considered the issues of initiating constitutional proceedings upon cases of constitutional complaints of Victoria Pantio concerning the compliance with the Constitution of Ukraine of the provisions of paragraphs 10, 19 of Article 42.4 of the Law of Ukraine "On Local Self-Government in Ukraine" and Article 16.8 of the Fundamentals of the legislation of Ukraine on health care, Ihor Krets on the constitutionality of Article 23.2 of the Law of Ukraine "On Mortgage", Artem Sorokolit concerning the constitutionality of Article 2 of the Law of Ukraine "On Establishing Additional Guarantees to Protect the Rights of Citizens Living in the Territories of Anti-Terrorist Operation and Limiting Liability of Enterprises - Executors/Producers of Housing and Communal Services in Late Payments", paragraph 1 of part four, paragraph 1 of part six of Article 19, Article 274.1 of the Civil Procedure Code of Ukraine. As a result of the session, rulings on refusal to initiate constitutional proceedings in these cases (final) were adopted.

At the session of the Second Board of Judges of the Second Senate of the Court the issue of initiating constitutional proceedings in the case of Olha Doroshko concerning the constitutionality of the provisions of paragraph 1 of Article 19.6, paragraph 2 of Article 389.3 of the Civil Procedure Code of Ukraine was considered. Following the consideration of this issue, the ruling (final) of the Board of Judges on the refusal to initiate constitutional proceedings in the case was adopted.

 

 

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