The Constitutional Court of Ukraine proceeded to the in-camera part of the plenary session in the case concerning the constitutionality of the establishment of the National Operator in the tobacco market
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 46 People’s Deputies of Ukraine concerning the compliance of the Resolution of the Cabinet of Ministers of Ukraine “On the implementation of the pilot project “National Operator in the tobacco market” dated September 9, 2020 No. 840 with the Constitution of Ukraine (constitutionality).
Judge-Rapporteur Oleksandr Lytvynov informed about the content of the constitutional petition and the grounds for initiating constitutional proceedings in the case.
In particular, it was noted that the subject of the right to constitutional petition applied to the Constitutional Court of Ukraine arguing that the Resolution of the Cabinet of Ministers of Ukraine “On the implementation of the pilot project “National Operator in the tobacco market” does not comply with Articles 13.4, 42.1, 42.3, Article 64.1 of the Constitution of Ukraine. According to the authors of the petition, the respective resolution is unconstitutional, as its provisions are aimed at unlawful restriction of competition, establishment and consolidation of the monopoly position of one business entity in the market for a long time, as well as make it impossible to implement business activities of other business entities in this area.
Having concluded consideration of the case at the public part of plenary session, the Grand Chamber of the Constitutional Court of Ukraine proceeded to the in-camera part for a decision.
The public part of the plenary session is available on the official website of the Constitutional Court of Ukraine at the following link: http://ccu.gov.ua/kategoriya/2020.
