The Court considered the case on the constitutionality of the provisions of the Resolution of the Cabinet of Ministers of Ukraine №641 at the public part of the plenary session
On February 25, 2021, the Grand Chamber of the Constitutional Court of Ukraine at the plenary session in the form of written proceedings considered the case upon the constitutional petition of 48 People's Deputies of Ukraine on the constitutionality of paragraph 10.17 of the Resolution of the Cabinet of Ministers of Ukraine "On the establishment of quarantine and implementation of enhanced anti-epidemic measures in the territory with a significant spread of acute respiratory disease COVID-19 caused by coronavirus SARS-CoV-2" of July 22, 2020 №641 as amended (hereinafter - Resolution №641).
During the plenary session, Judge-Rapporteur in the case Viktor Horodovenko informed about the content of the constitutional petition and the grounds for initiating constitutional proceedings. The Judge-Rapporteur said that the petitioners appealed to the CCU to verify the compliance of certain provisions of this Resolution with the Constitution of Ukraine.
In particular, in accordance with paragraph 10.17 of Resolution №641, on the territory of Ukraine for the period of quarantine it is prohibited “to carry out planned hospitalization measures by health care institutions, except for:
- providing medical care due to the complicated course of pregnancy and childbirth;
- providing medical care to pregnant women, parturients, newborns;
- providing medical care in specialized departments of health care institutions to patients with cancer;
- providing palliative care in an inpatient setting;
- provision of planned medical care to health care institutions of national level that provide tertiary (highly specialized) medical care, subject to compliance with appropriate sanitary and anti-epidemic measures;
- carrying out other urgent measures for hospitalization, if as a result of their transfer (postponement) there is a significant risk to human life or health".
According to the People's Deputies of Ukraine, "the introduction of such a restriction means that medical care will not be provided in all cases, but only urgent, thus claiming contrary to (in violation of) Article 49 of the Constitution of Ukraine, selective approach to medical care.
Thus, the petitioners consider that the disputed provisions of Resolution №641 contradict the provisions of Article 24.1, Article 24.2, Article 42.1, Article 42.2, Article 43, Article 49.1, Article 49.3, Article 64, Article 92.1 of the Constitution of Ukraine.
During the plenary session, the Judge-Rapporteur noted that the provisions of paragraph 10.17 of Resolution №641 expired on December 19, 2020.
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.
The public part of the plenary session is available on the official website of the Constitutional Court of Ukraine at the following link: 2021 | Constitutional Court of Ukraine (ccu.gov.ua).
