May 17. Sessions of the Court's Senates and Boards of Judges Held: Cases upon Constitutional Complaints Deliberated and 7 Rulings Adopted

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On Wednesday, May 17, the First Senate, in the in-camera part of the plenary session, deliberated the case upon the constitutional complaints of Oksana Tymoshenkova and Volodymyr Tymoshenkov regarding the constitutionality of a specific provision of Clause 19.6 of Section II “Final and Transitional Provisions” of the Law of Ukraine “On Amendments to Certain Legislative of Acts of Ukraine on Priority Measures for the Prosecution Offices Reform” dated September 19, 2019 No. 113-IX. The Court will proceed with its deliberation at one of the next plenary sessions.

At the session of the First Senate, the judges adopted the Ruling on the consolidation of cases into one constitutional proceedings upon the constitutional complaints of Serhii Vodolahin regarding the constitutionality of Clause 2 of Section I of the Law of Ukraine “On Amendments to the Law of Ukraine “On the Status and Social Protection of Citizens Affected by the Chornobyl Disaster” on increasing the level of pension provision for certain categories of persons” dated June 29, 2021 No. 1584-IX and Volodymyr Nekrylov on the constitutionality of Clause 2 of Section I of the Law of Ukraine “On Amendments to the Law of Ukraine “On the Status and Social Protection of Citizens Affected by the Chornobyl Disaster” on increasing the level of pension provision for certain categories of persons” dated June 29, 2021 No. 1584-ХІ, Article 54.3 of the Law of Ukraine “On the Status and Social Protection of Citizens Affected by the Chornobyl Disaster” dated February 28, 1991 No. 796-ХІ.

In addition, the First Senate at the session adopted two rulings, which determined the written form of constitutional proceedings in cases upon the constitutional complaint of Bohdan Chehel regarding the constitutionality of specific provisions of  Article 87.3.1 of the Law of Ukraine “On Public Service” dated December 10, 2015 No. 889-VIII in the wording of the Law of Ukraine “On Amendments to the Customs Code of Ukraine and Some Other Legislative Acts of Ukraine in view of the Administrative Reform” dated January 14, 2020 No. 440-IX and Mykola Nikolaiev regarding the constitutionality of the provisions of Article 86.2, Article 86.15.6.1 of the Law of Ukraine “On the Prosecution Office” dated October 14, 2014 No. 1697-VIІ, Article 2.1, of Clause 2.2 of Section II “Final and Transitional provisions” of the Law of Ukraine “On measures for legislative support of pension system reform” dated July 8, 2011 No. 3668-VI.

The Second Senate at the in-camera part of the plenary session proceeded with deliberation of the case upon the constitutional complaints of Anatolii Dushenkevich, Andrii Frank, and Iryna Yarosh regarding the conformity of Article 483.1.2 of the Customs Code of Ukraine with the Constitution of Ukraine. The Court will proceed with its deliberation at one of the next plenary sessions.

The Second Senate adopted the Ruling on the consolidation of constitutional proceedings in the case upon the constitutional complaints of Ihor Hubak and Mykhailo Tsymbal regarding the compliance of a specific provision of Article 361.5.1 of the Code of Administrative Procedure of Ukraine with the Constitution of Ukraine and in the case upon the constitutional complaint of Serhii Vashchenko regarding compliance of Article 361.5.1 of the Code of Administrative Procedure of Ukraine with the Constitution of Ukraine.

On the same day, sessions of the First and Third Boards of Judges of the First Senate of the Court were held, at which judges deliberated the issue of initiating constitutional proceedings in cases upon constitutional complaints of:

• Mykola Biliak regarding the compliance of specific provisions of Article 7 of the Law of Ukraine “On the State Budget of Ukraine for 2021” dated December 15, 2020 No. 1082-IX, Article 7 of the Law of Ukraine “On the State Budget of Ukraine for 2022” dated 2 December 2021 No. 1928-IX, Article 7 of the Law of Ukraine “On the State Budget of Ukraine for 2023” dated November 3, 2022 No. 2710-IX, Clause 2 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 Prosecution Offices Reform” dated September 19, 2019 No. 113-IX as amended, with the Constitution of Ukraine;

• Viacheslav Oliinyk regarding the compliance of the provisions of Article 389.1.2 of the Civil Procedure Code of Ukraine, Article 2401 of the Labour Code of Ukraine with the Constitution of Ukraine;

• Volodymyr Tereshchenko regarding the compliance of Article 117 of the Labour Code of Ukraine with the Constitution of Ukraine.

Based on the results of the review, the judges adopted three rulings (final) on the refusal to initiate constitutional proceedings in these cases.

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