The Сourt proceeded to an in-camera part of the plenary session in the case upon the constitutional complaint of Bohdan Bivalkevych
The Second 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 Bohdan Bivalkevych on the constitutionality of the provisions of paragraph 8 of Section XI "Final and Transitional Provisions" of the Law of Ukraine "On National Police" of July 2, 2015 № 580–VІІІ (hereinafter - the Law).
During the plenary session, Judge-Rapporteur in the case Oleh Pervomayskyi set out the content of the constitutional complaint and the grounds for initiating constitutional proceedings in the case.
The Judge-Rapporteur informed that the disputed provision of the Law stipulates that from the date of publication of the Law all police officers (persons of the rank and file of the law enforcement agencies), as well as other employees of the Ministry of Internal Affairs of Ukraine, its territorial bodies, institutions and establishments are considered warned in due course about possible future dismissals due to staff reductions.
According to the author of the complaint, this provision of the Law deprived him of the right to personal notice of subsequent dismissal and receipt of an offer from the employer for another job in the same organization. The applicant claims that the disputed provision of the Law contradicts Articles 8, 22 and 43 of the Constitution of Ukraine.
The Judge-Rapporteur also noted that in order to ensure full and objective consideration of the case, inquiries were sent to state bodies and scientific institutions to clarify their positions on the issues raised in the constitutional complaint.
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 plenary session was chaired by Deputy Chairman of the Constitutional Court of Ukraine Serhiy Holovaty.
The subject of the right to a constitutional complaint, Bohdan Bivalkevych, was present at the plenary session.
The public part of the plenary session is available at the link: http://ccu.gov.ua/kategoriya/2020.
