The court deliberated cases upon constitutional petitions. The board of judges initiated constitutional proceedings in two cases

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On Thursday, October 12, 2023, the Grand Chamber, at the in-camera part of the plenary sessions, proceeded with deliberation of cases upon the constitutional petitions:

– of the Supreme Court regarding the constitutionality of paragraph 23¹.13 of Section III “Final and Transitional Provisions” of the Law of Ukraine “On the High Council of Justice” No. 1798-VIII dated December 21, 2016, paragraphs 4.1, 4.6, 4.11  of Section II “Final and Transitional Provisions” of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding the Procedure for Election (Appointment) of Members of the High Council of Justice and Activities of Disciplinary Inspectors of the High Council of Justice” No. 1635-IX dated July 14, 2021;

– 46 People's Deputies of Ukraine regarding the official interpretation of the provisions of Article 13.1.1, Article 14.1 of the Constitution of Ukraine;

– 50 People's Deputies of Ukraine regarding the constitutionality of paragraphs 3, 4 of Section II “Final and Transitional Provisions” of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding Ensuring Constitutional Principles in the Fields of Energy and Communal Services”, some decrees of the President of Ukraine.

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

On the same day, a session of the Second Board of Judges of the Second Senate took place, at which the board of judges initiated constitutional proceedings in cases upon constitutional complaints:

  •  Viktor Soroka regarding the constitutionality of paragraph 1.17 of Section 1 of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Optimising Labour Relations” dated July 1, 2022 No. 2352-IX in conjunction with Article 119.3 of the Labour Code of Ukraine;
  • Oleksandr Tretiak regarding the constitutionality of Article 30.6 of the Code of Ukraine on Administrative Offenses.

At the same time, in the case upon the constitutional complaint of Heorhii Verkhovod regarding the constitutionality of Articles 35.1, 123.2 of the Code of Administrative Procedure of Ukraine, the board of judges refused to initiate constitutional proceedings.

 

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