The Constitutional Court of Ukraine considered the case concerning the constitutionality of a specific provision of
the Code of Commercial Procedure of Ukraine
On October 29, 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 complaint of Public Joint Stock Company “AZOT” and constitutional complaints of the Joint Stock Company “Zaporizhzhia Ferroalloy Plant” concerning compliance of Article 320.3.1 of the Code of Commercial Procedure of Ukraine (hereinafter referred to as the Code) with the Constitution of Ukraine.
The subjects of the right to constitutional complaint appealed to the Constitutional Court of Ukraine to consider the issue of compliance of the disputed provision of the Code with Articles 3.2, 8, 13.4, 21, 22.2, 41.1, 41.4, 42.1, 55.1, 55.2, 64.1, and 151² of the Constitution of Ukraine.
The disputed provision of the Code stipulates that the grounds for reviewing court decisions in connection with exceptional circumstances are, in particular, the unconstitutionality (constitutionality) of a law, other legal act or their specific provision applied (not applied) by the court in deciding a case, if the court decision has not yet been executed.
During the plenary session it was noted that the Court merged the constitutional proceedings in the case on the constitutional complaints of the Public Joint-Stock Company “AZOT” and the Joint-Stock Company “Zaporizhzhia Ferroalloy Plant” into one constitutional proceedings.
In order to ensure full and objective consideration of the case, the Court also sent inquiries to public authorities, higher education establishments, research institutions, and individual scholars with a request to provide legal opinions on issues raised in constitutional complaints.
After examining the case file in public part of the plenary session, the Court proceeded to the 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 at the link: http://ccu.gov.ua/kategoriya/2020.
