On December 21, 2022, the Grand Chamber of the Constitutional Court of Ukraine, at the public part of the plenary session in the form of written proceedings, deliberated the case upon the constitutional petition of 48 People's Deputies of Ukraine regarding the compliance of specific provisions of the Economic Code of Ukraine, the Law of Ukraine On the Management of State-Owned Objects, requirements to an independent member of the supervisory board of a state unitary enterprise and economic societies, in the authorised capital of which more than 50 percent of the shares (parts) belong to the state, approved by the Resolution of the Cabinet of Ministers of Ukraine of March 10, 2017 No. 142, Procedure for determining and approving candidates of state representatives appointed to supervisory boards of state unitary enterprises, and those who participate in general meetings and are elected to supervisory boards of economic companies, in the authorised capital of which more than 50 percent of the shares (parts) belong to the state, approved by the Resolution of the Cabinet of Ministers of Ukraine of March 10, 2017 No. 143 with the Constitution of Ukraine.
During the plenary session, the Judge-Rapporteur in the case, Judge of the Constitutional Court of Ukraine Vasyl Lemak explained the content of the constitutional petition and the existence of grounds for initiating constitutional proceedings in the case.
Judge Lemak noted that the petitioners were contesting the legal provisions that regulated the existence of the institute of independent members of supervisory boards, as well as which enabled the appointment of foreigners to the supervisory boards of state-owned enterprises of economic societies in which the share of the state exceeded 50 percent. In particular, the authors of the petition request the Constitutional Court of Ukraine to review the said provisions for compliance with Articles 1, 5.2, 6.2, 8.1, 8.2, 13.4, 17.1, 19.2, 38.1, 75, 92.1.12, and 116.5 of the Constitution of Ukraine.
The judge-rapporteur also informed that the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the State Property Fund of Ukraine, the State University of Trade and Economics, the Scientific Research Institute of State Construction and Local Self-Government of the National Academy of Legal Sciences of Ukraine, Taras Shevchenko Kyiv National University, Odesa Law Academy, Uzhgorod National University, other academic establishments and institutions of higher education had provided the replies on the issues raised in the constitutional petition as well as the Court’s special advisers had provided the amicus curiae brief.
During the plenary session, the Court examined the case materials in the public part and proceeded to the in-camera part for a decision.
The Permanent Representative of the Verkhovna Rada of Ukraine in the Constitutional Court, Maksym Dyrdin, and the representative of the subject of the right to constitutional petition, Serhii Vlasenko, attended the plenary session of the Great Chamber of the Court.
The public part of the plenary session is available at link: “Archive of video broadcasts of the sessions”.
