The Сourt proceeded to the in-camera part of the plenary session in the case upon the constitutional complaint of A.V.Zabara

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The Сourt proceeded to the in-camera part of the plenary session
in the case upon the constitutional complaint of A.V.Zabara

On October 21, the First Senate of the Constitutional Court of Ukraine at the plenary session in the form of written proceedings considered the case upon the constitutional complaint of Aliona Zabara concerning the constitutionality of the provisions of Article 14².1 of the Code of Administrative Offenses (hereinafter referred to as the Code).

During the plenary session, Judge-Rapporteur in the case Viktor Kryvenko set out the content of the constitutional complaint, the grounds for initiating constitutional proceedings in the case, as well as informed about the progress of the case in the courts and the complainant's substantiation.

In particular, the Judge-Rapporteur said that in her application A. Zabara points out that the disputed provisions of the Code do not comply with Articles 22, 24, 61, 62 and 129 of the Constitution of Ukraine, as they provide for the possibility of bringing to administrative responsibility persons who have not committed an administrative offense. In substantiating the allegations of unconstitutionality of the disputed provisions of the Code, the applicant refers to certain provisions of the Constitution of Ukraine, the Code, judgements of the Constitutional Court of Ukraine and the European Court of Human Rights, court decisions in her case.

After examining the case file in the public part of the plenary session, the Court proceeded to the in-camera part for a decision.

The Chairman of the Constitutional Court of Ukraine Oleksandr Tupytskyi chaired the plenary session.

The public part of the plenary session is available on the official website of the Constitutional Court of Ukraine at the link: http://ccu.gov.ua/kategoriya/2020.

 

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