The Court considered the case regarding the constitutionality of specific provisions of the Law of Ukraine “On Government Cleansing” in the public part of the plenary session
On June 23, 2020 the Grand Chamber of the Constitutional Court of Ukraine in the public part of the plenary session considered the case upon the constitutional petitions of the Supreme Court of Ukraine and 47 People’s Deputies of Ukraine regarding the constitutionality of specific provisions of the Law of Ukraine “On Government Cleansing” dated September 16, 2014 No.1682-VII (hereinafter referred to as the Law).
Oleksandr Lytvynov, Judge-Rapporteur in the case, noted that when examining the case in the in-camera part of the plenary session, the Grand Chamber of the Constitutional Court of Ukraine considered it necessary to clarify certain issues that are essential for its resolution. In particular, this applies to the positions of the participants in the constitutional proceedings on the opinions of the European Court of Human Rights set out in its judgment in the case “Polyakh and others v. Ukraine”, including the application of the provisions of the challenged Law to a circle of persons which is too wide as well as the state of resolving the issue on implementation of this judgment in terms of taking measures of general nature aimed at eliminating the systemic problem and its root cause.
During the plenary session, the Court heard the representatives of the Supreme Court, the President of Ukraine, the Verkhovna Rada of Ukraine on the subject of constitutional review, as well as answers to questions from judges of the Constitutional Court of Ukraine, participants in constitutional proceedings and involved participants.
The Representatives of the subject of the right to constitutional petition Vasyl Nimchenko, Yurii Miroshnychenko, the representative of the Supreme Court of Ukraine Oleksandr Volkov and representative of the Supreme Court Rasim Babanly, Permanent Representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine Olha Sovhyria, Representative of the President of Ukraine in the Constitutional Court of Ukraine Fedir Venislavskyi as well as participants in the constitutional proceedings - Minister of Justice of Ukraine Denys Maliuska, Deputy Minister of Justice of Ukraine - Commissioner for the European Court of Human Rights Ivan Lishchyna, and Ukrainian Parliament Commissioner for Human Rights Liudmyla Denysova took part in the plenary session.
The Grand Chamber of the Constitutional Court of Ukraine clarified certain issues in the public part of the plenary session and proceeded to the in-camera part of the plenary session for adoption of the Decision.
The Chairman of the Constitutional Court of Ukraine Oleksandr Tupytskyi chaired the plenary session.
The plenary session of the Grand Chamber of the Constitutional Court of Ukraine was also attended by representatives of the mass media and other citizens of Ukraine.
The plenary session was broadcast on the official website of the Constitutional Court of Ukraine under the heading “Video broadcast meetings”. The public part of the plenary session on the official website of the Constitutional Court of Ukraine may be found following the link: http://ccu.gov.ua/kategoriya/2020.
