Today, December 15, the Second Senate of the Constitutional Court of Ukraine in the public part of the plenary session in the form of written proceedings deliberated the case upon the constitutional complaint of Oleksandr Krotiuk on the compliance of the provisions of Article 284.1.4 of the Criminal Procedure Code of Ukraine (Code) with the Constitution of Ukraine.
During the plenary session, Judge-Rapporteur in the case Viktor Horodovenko presented the content of the constitutional complaint, the course of the case in the courts and the grounds for initiating proceedings.
It was noted that O.Krotiuk appealed to the Constitutional Court of Ukraine to verify the compliance with the Constitution of Ukraine of the provisions of Article 284.1.4 of the Code, according to which criminal proceedings are closed if “a law abolishing criminal liability for an act committed by a person enters into force”.
The complainant considers that the challenged provision of the Code does not comply with parts one and two of Article 62 of the Constitution of Ukraine, in conjunction with part one of Article 8, as “it violates the presumption of innocence by closing criminal proceedings against a suspect or accused without…proper proof and establishment of the validity of the fact of the initial commission of the relevant act by a person, as well as… without consent to such closure by the person, compared to cases of closure of criminal proceedings carried out in accordance with paragraph 1 of part two and part eight of Article 284 of the CPC of Ukraine”.
The Judge-Rapporteur informed that in order to ensure a full and objective hearing, inquiries were sent to the President of Ukraine, the Verkhovna Rada of Ukraine, the Verkhovna Rada Commissioner for Human Rights, the Supreme Court, the Prosecutor General, National University “Odessa Law Academy”, Yaroslav Mudryi National Law University, Taras Shevchenko National University of Kyiv, Ivan Franko National University of Lviv, National University of Kyiv Mohyla Academy, National Academy of Internal Affairs, Uzhhorod National University.
After deliberating the case file in the public part of the plenary session, the Court proceeded to the in-camera part for a decision.
The public part of the plenary session was attended by the subject of the right to a constitutional complaint Oleksandr Krotiuk, the representative of the subject of the right to a constitutional complaint, lawyer Oleksandr Zarutskyi.
The public part of the plenary session is available on the Court's official website under the heading “Archive of Video Broadcasts of the Sessions”.
