The Constitutional Court of Ukraine will Decide on the Constitutionality of the Grounds for Deregistration of Citizens in Need of Better Living Conditions

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The Constitutional Court of Ukraine will Decide on the Constitutionality of the Grounds for Deregistration of Citizens
in
Need of Better Living Conditions

On April 28, the Second Senate of the Constitutional Court of Ukraine in the form of written proceedings considered the case upon the constitutional complaint of Oleksii Abramovych on the constitutionality of the provision of paragraph 2 of Article 40.2 of the Housing Code of the Ukrainian SSR.

According to Vasyl Lemak, Judge-Rapporteur in the case, the applicant requested the Constitutional Court to consider the compliance with the Basic Law of Ukraine of the provisions of paragraph 2 of Article 40.2 of the Code, according to which citizens are removed from the register of those in need of better living conditions in the case of "departure to a permanent place of residence in another settlement."

According to the subject of the right to constitutional complaint, as a result of the application of the disputed provision of the Code he had been discriminated on the grounds of residence, as a result of which his constitutional right to housing guaranteed by Article 47.2 of the Constitution of Ukraine was violated.

The Judge-Rapporteur also informed that in order to ensure full and objective consideration of the case, the Court sent inquiries to public authorities, institutions of higher education, scientific institutions, as well as members of the Research Advisory Council of the Constitutional Court of Ukraine.

Having examined the case file in the public part of the plenary session, the Court proceeded to the in-camera part for a decision.

The public part of the plenary session is available at the following link: archive of video broadcasts of the meetings.

Developed with the support of OSCE Project Co-ordinator in Ukraine
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