The Court proceeded to the in-camera part for a decision in the case on official interpretation of the provisions of Article 105.1 of the Constitution of Ukraine in terms of the possibility of bringing the President of Ukraine to administrative liability

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The Court proceeded to the in-camera part for a decision in the case on official interpretation of the provisions of Article 105.1 of the Constitution of Ukraine in terms of the possibility of bringing the President of Ukraine to administrative liability

On March 4, 2021, the Grand Chamber of the Constitutional Court of Ukraine at the public part of the plenary session in the form of written proceedings considered the case upon the constitutional petition of the Supreme Court on the official interpretation of Article 105.1 of the Constitution of Ukraine.

During the session, Judge-Rapporteur in the case Iryna Zavhorodnia informed that the Supreme Court had applied to the Constitutional Court of Ukraine for an official interpretation of Article 105.1 of the Constitution of Ukraine, according to which "the President of Ukraine enjoys the right of immunity during the term of authority" in terms of the possibility of bringing the President of Ukraine to administrative liability for committing an administrative offense while exercising his powers.

According to the petitioner, the need for an official interpretation of this provision of the Basic Law arose due to the fact that the Constitution of Ukraine defines the immunity of the Head of the Ukrainian state without specific parameters; it is not specified what exactly constitutes the inviolability of the President of Ukraine. At the same time, there are no norms in the legislation of Ukraine that would detail the immunity of the head of state and clarify the grounds and procedure for bringing the President of Ukraine to justice for committing administrative offenses.

In addition, in its constitutional petition, the Supreme Court notes that national courts do not always approach the issue of the possibility of bringing the President of Ukraine to administrative liability in the same way.

During the plenary session, Iryna Zavhorodnia also informed that in order to ensure a full and objective consideration of the case, inquiries were sent to state bodies and scientific institutions to clarify their positions on the issues raised in the constitutional petition.

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 plenary session of the Grand Chamber was attended by a participant in the constitutional proceedings - a representative of the subject of the right to a constitutional petition Rasim Babanly.

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).

Developed with the support of OSCE Project Co-ordinator in Ukraine
© 2021 Constitutional Court of Ukraine