September 28. Sessions of the Grand Chamber and the Board of Judges Held

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On Thursday, September 28, 2023, the Grand Chamber in the in-camera part of the plenary session proceeded with deliberation of the case upon the constitutional petition of 48 People's Deputies of Ukraine regarding the constitutionality of certain provisions of the Economic Code of Ukraine, the Law of Ukraine “On the Management of State-Owned Objects”, requirements for an independent member of the supervisory board of the state unitary enterprise and an economic company, in the authorised capital of which more than 50 percent of the shares (parts) belong to the state, approved by the Resolution of the Cabinet of Ministers of Ukraine dated March 10, 2017 No. 142, Procedure for determining and approving the candidacies of state representatives appointed to the supervisory boards of state unitary enterprises, and those who participate in general meetings and are elected to the supervisory boards of economic companies, in the authorised capital of which more than 50 percent of the shares (parts) belong to the state, approved by the Resolution of the Cabinet of Ministers of Ukraine dated March 10, 2017 No. 143.

The Court will proceed with its deliberation at one of the upcoming plenary sessions.

Also at the session the Grand Chamber extended until October 26 the deadline for the adoption by the boards of judges of the Court of rulings on initiation or refusal to initiate constitutional proceedings in cases upon the constitutional complaints of Viktor Soroka, Bohdan Panchenko, Petr Kontorskyi.

On the same day, a session of the Second Board of Judges of the Second Senate took place, at which judges deliberated the issue of initiating constitutional proceedings in cases upon constitutional complaints.

As a result of the deliberation, the board of judges refused to initiate constitutional proceedings in cases upon constitutional complaints:

  •  of Olena Babilunha regarding the constitutionality of paragraphs 1 and 2 of Article 12.1, Article 14.2.1, and Article 15.1 of the Law of Ukraine “On Cooperation”;
  • of Anatolii Fonrabe regarding the constitutionality of paragraphs 2, 3, 5 of Article 19.4, Article 19.6.2, Article 274.1.2, Article 389.3.1 of the Civil Procedure Code of Ukraine.

 

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