May 24, 2023
On Wednesday, May 24, 2023, the First Senate of the Court, in the public part of the plenary sessions in the form of written proceedings, deliberated cases upon constitutional complaints of:
• Oleksandr Bredun regarding the constitutionality of Article 87.3.1.2 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 implementation of administrative reform” dated January 14, 2020 No. 440-IX;
• Bohdan Chehel regarding the constitutionality of Article 87.3.1.2 of the Law of Ukraine “On Public Service” dated December 10, 2015 No. 889-VIII as amended by the Law of Ukraine “On Amendments to the Customs Code of Ukraine and some other legislative acts of Ukraine in view of the implementation of administrative reform” dated January 14, 2020 No. 440-IX.
The Court examined the materials of these cases in the public part and proceeded to the in-camera part of the plenary sessions.
In-camera parts of plenary sessions of the Second Senate of the Court were also held, at which judges proceeded with deliberation of cases upon constitutional complaints of:
• Anatolii Dushenkevych, Andrii Franko, Iryna Yarosh regarding the constitutionality of Article 483.1.2 of the Customs Code of Ukraine;
• Representative Office of “ANDRITZ HYDRO GmbH” regarding the constitutionality of the provisions of paragraph 120-1.1 of Article 120-1 of the Tax Code of Ukraine.
The Court will proceed with deliberation of these cases at one of the next plenary sessions.
On the same day, sessions of the boards of judges of the First and Second Senates were held, at which the judges adopted 5 rulings (final) on the refusal to initiate constitutional proceedings in cases upon constitutional complaints of:
- Viacheslav Oliinyk regarding the constitutionality of the provisions of Article 389.1.2 of the Civil Procedure Code of Ukraine and other issues;
- Vitalii Pidopryhora regarding the constitutionality of Article 391 of the Civil Code of Ukraine;
- Volodymyr Keleberda regarding the constitutionality of Article 392.2.1 of the Criminal Procedure Code of Ukraine;
- Myron Naida regarding the constitutionality of Article 24.2 of the Commercial Procedure Code of Ukraine;
- Vasyl Babych regarding the constitutionality of Articles 355.2 and 355.5 of the Code of Administrative Procedure of Ukraine.
The First Board of Judges of the First Senate adopted a Ruling on initiating constitutional proceedings in the case upon the constitutional complaint of Lilia Lukianchuk in the part regarding the constitutionality of paragraph 19.2 of Section II “Final and Transitional Provisions”of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding Priority Measures for the Prosecution Offices Reform” dated September 19, 2019 No. 113-IX as amended by the Law of Ukraine “On Amendments to Section II “Final and Transitional Provisions” of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding Priority Measures for the Prosecution Offices Reform” on certain aspects of the effect of transitional provisions” dated June 15, 2021 No. 1554–IX in systematic connection with Article 51.1.9 of the Law of Ukraine “On the Prosecution Offices” dated October 14, 2014 No. 1697–VII. At the same time, in another part regarding the constitutionality of paragraph 2.1, paragraph 13.4 of Section II “Final and Transitional Provisions” of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding Priority Measures for the Reform of Prosecution Offices” dated September 19, 2019 No. 113– IX on the basis of Article 62.4 of the Law of Ukraine “On the Constitutional Court of Ukraine” refused to initiate constitutional proceedings.
The First Board of Judges of the Second Senate adopted Ruling on initiating constitutional proceedings in the case upon constitutional complaint of Eduard Shestierikov regarding the constitutionality of paragraphs 3, 4 of Article 52.1 of the Law of Ukraine “On the System of Guaranteeing Deposits of Individuals”.
