In the case on the constitutionality of the improvement of the mechanisms for regulating banking activities,
the Court proceeded to the in-camera part of the plenary session for a decision
On July 16, the Grand Chamber of the Constitutional Court of Ukraine at the public part of the plenary session in the form of written proceedings considered the case upon the constitutional petition of 64 People’s Deputies of Ukraine on the constitutionality of certain provisions of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Concerning the Improvement of Banking Regulation Mechanisms" of May 13, 2020 № 590 – IX (hereinafter - the Law) and the Law as a whole, as well as the provisions of other legislative acts as amended by the Law.
Judge-Rapporteur in the case Oleksandr Kasminin informed that the subject of the right to a constitutional petition appealed to the Constitutional Court of Ukraine to recognize certain provisions of the Law and the Law as a whole, certain provisions of the Civil Code of Ukraine, Criminal Procedure Code of Ukraine, Code of Administrative Procedure of Ukraine, Civil Procedure Code of Ukraine, Commercial Procedure Code of Ukraine, the laws of Ukraine "On the National Bank of Ukraine", "On Banks and Banking", "On the Deposit Guarantee System for Individuals", "On Enforcement Proceedings" with amendments as those that do not comply with the provisions of the Constitution of Ukraine.
The petitioners believe that the disputed provisions of these laws gave the National Bank of Ukraine, the Deposit Guarantee Fund for Individuals and related government agencies advantages in appealing their administrative acts over the other participants in the proceedings. In addition, according to the People's Deputies of Ukraine, the amendments to the Law abolished the rule of law principle, as well as the principles of adversarial proceedings and equality of participants in the trial and thus violated the right to a fair trial and effective judicial protection of plaintiffs in cases of appeal against these administrative acts.
The constitutional petition also states that the procedure for consideration and adoption of the Law has been violated.
In support of their position, the petitioners refer to certain provisions of the Constitution of Ukraine, laws of Ukraine, decisions of the Constitutional Court of Ukraine, the case law of the European Court of Human Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 and its First Protocol, Report of the Venice Commission "Rule of Law", Regulations on the application by the National Bank of Ukraine of standard instruments for regulating the liquidity of the banking system, approved by the Board of the National Bank of Ukraine dated September 17, 2015 No. 615, etc.
The Judge-Rapporteur also noted that in order to ensure a full and objective hearing of the case, inquiries were sent to state bodies and scientific institutions to clarify their positions on issues raised in the constitutional petition.
After examining the case file in the public part of the plenary session, the Constitutional Court of Ukraine proceeded to the in-camera part for a decision.
The Chairman of the Constitutional Court of Ukraine Oleksandr Tupytskyi chaired the plenary session.
The plenary session of the Grand Chamber of the CCU was attended by a representative of the subject of the right to a constitutional petition, People's Deputy of Ukraine Serhiy Vlasenko, as well as representatives of the media and other citizens.
The public part of the plenary session is available at the link: http://ccu.gov.ua/kategoriya/2020.
