The Constitutional Court of Ukraine at the public part of the plenary session considered the case
on the constitutionality of special confiscation
On March 11, 2021, the public part of the plenary session of the Grand Chamber of the Constitutional Court of Ukraine took place, at which the Court considered the case upon the constitutional petition of 47 People's Deputies of Ukraine on the constitutionality of Articles 961, 962 of the Criminal Code of Ukraine (hereinafter - the Code).
Judge-Rapporteur in this case Oleh Pervomayskyi informed that the constitutional petition raises the issue of reviewing the disputed articles of the Code, which establish the content, procedure and cases of application of such a criminal measure as special confiscation, for conformity to the Constitution of Ukraine.
The Judge-Rapporteur noted that, in the opinion of the petitioners, the disputed provisions of the Code do not comply with a number of provisions of the Constitution of Ukraine, as special confiscation duplicates punishment in the form of confiscation of property, violating the principle of proportionality. According to the People's Deputies, the application of the institute of special confiscation to a person who is not a subject of crime violates the principle of individualization of liability and the presumption of innocence, and unconstitutional way of deprivation of private property with special confiscation eliminates constitutional guarantees of inviolability of private property and narrows fundamental human rights and freedoms. In addition, the essence of the disputed concept allows to extend its effect to actions that were committed before the entry into force of the relevant provision of the law on criminal liability.
At the plenary session, the Judge-Rapporteur informed that in order to ensure a full and objective consideration of the case, inquiries were sent to public authorities, educational institutions and members of the Research Advisory Council of the Constitutional Court of Ukraine. In particular, to the President of Ukraine, the Verkhovna Rada of Ukraine, the Supreme Court, Yaroslav Mudryi National Law University, National University ‘Odesa Law Academy’, Taras Shevchenko National University of Kyiv and others.
The Court concluded its consideration of the case at the public part of the plenary session and proceeded to the in-camera part for a decision.
A representative of the subject of the right to a constitutional petition, Hryhoriy Mamka, was present at the plenary session of the Grand Chamber.
The public part of the plenary session is available on the official website of the Constitutional Court of Ukraine at the following link: http://sv1.ccu.gov.ua/video_ccu/ksu_11_03_2021_1.mp4.
