27 November 2025
On 26 November 2025, during the public part of its plenary session, the First Senate deliberated upon the constitutional complaint filed by Oleg Tymoshenko in the form of written proceedings.
During the plenary session, the judge-rapporteur in the case, Alla Oliinyk, informed the court of the content of the constitutional complaint and the applicant's arguments.
The judge-rapporteur informed that the applicant had appealed to the Constitutional Court of Ukraine with a request to verify the compliance with the Constitution of Ukraine of Article 233.1 of the Labour Code of Ukraine dated 10 December 1971 No. 322-VIII (hereinafter, the “Code”), according to which an employee may apply to a court for the resolution of a labour dispute within three months from the date on which he or she became aware or should have become aware of the violation of his or her rights, except in the cases provided for Article 233.2.
The content of the constitutional complaint and the materials attached to it show that Oleg Tymoshenko filed a lawsuit against the Private Joint Stock Company «Insurance Group “TAS”». The Ordzhonikidze District Court of Zaporizhia, by its decision of 13 January 2025, left unchanged by the resolution of the Zaporizhia Court of Appeal of 2 January 2025, denied Oleg Tymoshenko his claim. Having exhausted all domestic legal remedies, the applicant lodged a constitutional complaint with the Constitutional Court of Ukraine.
In substantiating his claim that the contested provision of the Code is inconsistent with the Constitution of Ukraine, the person entitled to file a constitutional complaint considers that the application of Article 233.1 of the Code in the court decisions in his case was the basis for the refusal of judicial protection due to the expiry of the three-month period for applying to the court for the settlement of a labour dispute concerning remuneration and the legality of the suspension of the employment contract.
The author of the petition considers that Article 233.1 of the Code contradicts a number of articles of the Constitution of Ukraine, since ‘the formal application of a harsh three-month deadline in labour disputes under martial law effectively deprives the employee of access to the courts’ (Article 55), leading to a violation of the right to work and timely remuneration (Article 43). He also asserts that the contested provision of the Code is inconsistent with Articles 64 and 129 of the Basic Law of Ukraine in terms of restricting rights under martial law and violating the principles and fundamental principles of justice.
The First Senate examined the materials of the case and proceeded to the in-camera part of the plenary session.
Plenary session was attended by Maksym Dyrdin, Permanent Representative of the Verkhovna Rada of Ukraine to the Constitutional Court of Ukraine.
A video recording of the plenary session is available on the Court's official website under the heading “Archive of video broadcasts of sessions”.
