September 29. The Court Agenda (Approved). Sessions of the First and Second Senates of the Court and the Board of Judges Held: 12 Rulings Adopted

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On Wednesday, September 29, the First Senate of the Constitutional Court of Ukraine considered the issue of determining the form of constitutional proceedings in the cases upon:

  • the constitutional complaint of Roman Truba on the constitutionality of the provisions of the second paragraph of Article 11.1 of the Law of Ukraine "On the State Bureau of Investigation" and the first and second paragraphs of clause 3.2 of Section II "Final and Transitional Provisions" of the Law of Ukraine "On Amendments to Certain Laws of Ukraine on Improving the Activities of the State Bureau of Investigation";
  • the constitutional complaint of Antonina Bolotnikova on the constitutionality of the provisions of the sixth paragraph of Article 86.15 of the Law of Ukraine "On Prosecutor's Office" of October 14, 2014 № 1697-VII, Article 2 of the Law of Ukraine "On Measures to Ensure the Legislative Reform of the Pension System" of July 8, 2011 No. 3668-VI;
  • the constitutional complaint of Roman Unukovych on the compliance of a separate provision of the second paragraph of Article 204-3.1 of the Code of Ukraine on Administrative Offenses with the Constitution of Ukraine (constitutionality);
  • the constitutional complaint of Volodymyr Zhydenko on the compliance of certain provisions of Article 2 of the Law of Ukraine "On Measures to Ensure the Legislative Reform of the Pension System" with the Constitution of Ukraine;
  • the constitutional complaint of Serhiy Trutniev on compliance with the Constitution of Ukraine (constitutionality) of the provisions of Article 14-2.1 of the Code of Ukraine on Administrative Offenses.

         Based on the results of consideration of these issues, 5 rulings on consideration of cases in the form of written proceedings were adopted.

 

The Second Senate of the Court, at the in-camera parts of plenary sessions, considered the following cases:

  • upon the constitutional complaint of the Private Joint-Stock Company "Chernihivoblbud" regarding the constitutionality of the provisions of subparagraph "b" of paragraph 1 of Article 14.3 of the Law of Ukraine "On Ensuring Housing Rights of Dormitory Residents";
  • upon the constitutional complaint of Oleksiy Abramovych on the compliance of the provisions of paragraph 2 of Article 40.2 of the Housing Code of the Ukrainian SSR with the Constitution of Ukraine (constitutionality);
  • upon the constitutional complaint of the citizen of Ukraine Pavlo Shkoda on the compliance with the Constitution of Ukraine (constitutionality) of the provisions of Article 392.2, paragraph 2 of Article 428.2 of the Criminal Procedure Code of Ukraine.

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

 

On the same day, the Second Senate adopted 3 rulings at its sessions.

Based on the results of consideration of the issue of initiating constitutional proceedings in the case upon a constitutional complaint of a citizen of Ukraine Ihor Hubko on the constitutionality of the provision of paragraph 1 of Article 361.5 of the Code of Administrative Procedure of Ukraine the Ruling of the Second Senate on initiating constitutional proceedings in the case was adopted.

The Second Senate also considered the issue of determining the form of constitutional proceedings in the case upon the constitutional complaint of Oleksandr Krotiuk regarding the compliance of the provision of Article 284.1.4 of the Criminal Procedure Code of Ukraine with the Constitution of Ukraine (constitutionality) and  the constitutional complaint of the Representation office of "ANDRITZ HAYDRO GmbH" on the constitutionality of the provisions of paragraph 120-1.1 of Article 120-1 of the Tax Code of Ukraine. As a result of the consideration, 2 rulings on consideration of these cases in the form of written proceedings were adopted.

 

In addition, at the session of the First Board of Judges of the First Senate, 4 rulings (final) were adopted on refusal to initiate constitutional proceedings in the following cases:

  • upon the constitutional complaint of Polina Krokhina on the constitutionality of of Article 86.15.6 of the Law of Ukraine “On the Prosecutor's Office”;
  • upon the constitutional complaint of Serhiy Poyedyntsev on the compliance with the Constitution of Ukraine 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, 21 of the Law of Ukraine "On Pension Provision for Persons Discharged from Military Service and Certain Other Persons";
  • upon the constitutional complaint of Borys Brakhovetskyi on the 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, 21 of the Law of Ukraine "On Pension Provision for Persons Discharged from Military Service and Certain Other Persons";
  • upon the constitutional complaint of Yevhen Korzh on the compliance of paragraph 1.4 of Article 374.4 of the Criminal Procedure Code of Ukraine with the Constitution of Ukraine.

 

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