September 16. The Court Agenda (Approved). The Decision of the CCU upon Constitutional Complaints Adopted. 21 Rulings of the Grand Chamber of the Court and 5 Rulings of the Boards of Judges Adopted

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On Thursday, September 16, at the plenary session of the Second Senate of the Constitutional Court of Ukraine based on the results of the consideration of the case upon constitutional complaints of Dmytro Krupko on compliance of the provisions of Article 81.1, Article 82.1 of the Criminal Code of Ukraine with the Constitution of Ukraine (constitutionality), Volodymyr Kostin, Oleksandr Melnychenko on constitutionality of provisions of Article 82.1 of the Criminal Code and upon the constitutional complaint of Viktor Gogin on the compliance of Article 81.1 of the Criminal Code of Ukraine with the Constitution of Ukraine, Decision № 6-r(II)/2021 was adopted. The decision of the Constitutional Court of Ukraine will be published on the official website of the CCU on September 17.

In accordance with the agenda, plenary sessions of the Grand Chamber of the Constitutional Court of Ukraine were held, at which 2 cases were considered:

  • upon the constitutional petition of the Commissioner of the Verkhovna Rada of Ukraine for Human Rights on compliance of Article 90, paragraph 2.1 of Section XI “Final and Transitional Provisions” of the Law of Ukraine “On Civil Service” of December 10, 2015 № 889-VIII, Article 21.7 of the Law of Ukraine "On Service in Local Self-Government Bodies" with the Constitution of Ukraine (constitutionality).
  • upon the constitutional petition of 142 People's Deputies of Ukraine regarding the official interpretation of a separate provision of the fourth paragraph of the Preamble of the Constitution of Ukraine.

The Court will proceed with consideration of these cases at one of the further plenary sessions.

In addition, the Grand Chamber of the Court held its sessions. Thus, according to the results of consideration of the issue of determining the form of constitutional proceedings in the case upon the constitutional petition of 49 People's Deputies of Ukraine on compliance with the Constitution of Ukraine (constitutionality) of the Resolution of the Verkhovna Rada of Ukraine "On Formation and Liquidation of Districts" the Ruling on consideration of the case in the form of oral proceedings was adopted.

The Grand Chamber also ruled on extending the term of adopting the rulings by the Boards of Judges of the First and Second Senates of the Constitutional Court of Ukraine on initiating or refusal to initiate constitutional proceedings in cases upon constitutional complaints of Rizdvanetska I.A., Abramovych O.V., Sydorenko V.M., Aleksenko P.O., Otroshchenko M.O., Primary trade union organization of the All-Ukrainian Trade Union of Science, Production and Finance of PJSC "ArcelorMittal Kryvyi Rih" , Poliovyi Y.V., Tsapenko V.I., Haydamaka V.V., Benedychuk O.L., Aleksenko V.V., Bal V.D., Bobyr O.Y., Losiev O.M., Soshka O.M., ‘GALANTOS’ LLC, Arakelian G.S., Ivanov V.Y., Raykun G.V. and the constitutional petition of 49 People's Deputies of Ukraine. The term has been extended until October 19, 2021.

The Grand Chamber of the Court considered the issue of of changing the form of constitutional proceedings in the case upon the constitutional petition of 48 People's Deputies of Ukraine on compliance with the Constitution of Ukraine (constitutionality) of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Agricultural Land Circulation", certain provisions of the Land Code of Ukraine as amended by the above law, as well as 53 People's Deputies of Ukraine on the constitutionality of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Agricultural Land Circulation". The form of proceedings has not changed.

The same day, the First and the Second Boards of Judges of the Second Senate of the CCU had a sessions to consider the issue of initiating constitutional proceedings in cases upon constitutional complaints.

Thus, based on the results of the consideration, 5 rulings (final) of the Boards of Judges on the refusal to initiate constitutional proceedings in the following cases were adopted:

  • upon the constitutional complaint of Ivan Nikolayenko on constitutionality of Article 59.3 of the Law of Ukraine "On Status and Social Protection of Citizens Affected by the Chornobyl Disaster", Articles 11 and 21 of the Law of Ukraine “On Pension Provision for Persons Released from Military Service and Certain Other Persons”;
  • upon the constitutional complaint of Ivan Kushaba regarding the compliance with the Constitution of Ukraine (constitutionality) of the paragraph 2.1 of Article 389.3 of the Civil Procedure Code of Ukraine;
  • upon the constitutional complaint of Serhiy Nestierenko on the compliance with the Constitution of Ukraine (constitutionality) of the provision of Article 1176.5 of the Civil Code of Ukraine;
  • upon the constitutional complaint of Mykola Kravchenko on the compliance with the Constitution of Ukraine (constitutionality) of the provisions of Article 59.3 of the Law of Ukraine “On the Status and Social Protection of Citizens Affected by the Chornobyl Disaster”, Articles 11 and 21 of the Law of Ukraine “On Pension Provision for Persons Released from Military Service and Certain Other Persons”;
  • upon the constitutional complaint of Halyna Bondar on the constitutionality of paragraph 1 of Article 394.2 of the Civil Procedure Code of Ukraine.

 

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