The Court Deliberated Cases on Constitutional Complaints and Adopted a Number of Rulings

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On Wednesday, September 27, 2023, the First Senate at its in-camera part of the plenary session proceeded with the consideration of the case upon the constitutional complaints of Oksana Tymoshenkova and Volodymyr Tymoshenkov regarding the constitutionality of a separate provision of the paragraph 19.6 of Section II “Final and Transitional Provisions” of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Priority Measures for the Reform of the Prosecution Service” No. 113-IX dated September 19, 2019.

The Court will continue its deliberation at one of the forthcoming plenary sessions.

In the case upon the constitutional complaint of Serhii Dyniak regarding the constitutionality of Article 143.1, Article 1321.2 of the Code of Ukraine on Administrative Offences, the First Senate has defined the written proceedings as the form of consideration.

The Second Senate at its in-camera part of the plenary sessions proceeded with the consideration of cases upon the constitutional complaints of:

- Ruslan Onishchenko regarding the constitutionality of Article 615.6 of the Criminal Procedure Code of Ukraine;

- Representation ANDRITZ HYDRO GmbH on the constitutionality of paragraph 120-1.1 of Article 120-1 of the Tax Code of Ukraine.

The Court will proceed with their deliberation at one of the forthcoming plenary sessions.

The Second Senate also defined the written form of consideration of the case upon the constitutional complaint of Oleh Koretskyi regarding the constitutionality of the second sentence of the third paragraph of subparagraph “c” of paragraph 3.106 of Section II “Final and Transitional Provisions” of the Law of Ukraine “On Amendments to the Customs Code of Ukraine and Some Other Legislative Acts of Ukraine in Connection with the Administrative Reform” No. 440-IX dated January 14, 2020.

The same day, the Boards of Judges of the First and Second Senates held sessions during which judges considered the issue of initiating constitutional proceedings in cases upon constitutional complaints.

Following the consideration, the Board of Judges has initiated constitutional proceedings in the case upon the constitutional complaint of Yelizaveta Yevhrafova regarding the constitutionality of paragraph 7 of Section XII “Final and Transitional Provisions” of the Law of Ukraine “On the Judiciary and the Status of Judges”. The judges will deliberate on the issues related to the constitutional proceedings in this case at a session of the Second Senate.

At the same time, Boards of Judges refused to initiate constitutional proceedings in such cases:

- upon the constitutional complaint of Liliia Shchyran regarding the constitutionality of a particular provision of Article 1219.4 of the Civil Code of Ukraine;

- upon the constitutional complaint of Volodymyr Kurylo regarding the constitutionality of Articles 19.6.1 and 19.9, Articles 389.1.2 and 389.3.2 of the Civil Procedure Code of Ukraine;

- upon the constitutional complaint of Denys Kniazev regarding the constitutionality of paragraph 3.3 of Section II “Final and Transitional Provisions” of the Law of Ukraine No. 113-IX “On Amendments to Certain Legislative Acts of Ukraine on Priority Measures for the Reform of the Prosecution Service” dated September 19, 2019;

- upon the constitutional complaint of Yuliia Krasna regarding the constitutionality of a particular provision of Article 1215.1 of the Civil Code of Ukraine;

- upon the constitutional complaint of Yurii Kizyma regarding the constitutionality of Article 433.3 of the Criminal Procedure Code of Ukraine.

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