The Court proceeded to the in-camera part of the hearing in the case on the constitutionality of specific provisions
of the Law of Ukraine on “Civil Service”
16.09.2020
On September 16, 2020 the Second Senate 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 complaint of Olena Valeriyina Koshyk.
The judge-rapporteur in the case Vasyl Lemak noted that the subject of the right to constitutional complaint applied to the Constitutional Court to declare the provisions of Article 48.7 of the Law of Ukraine on “Civil Service” of 10 December 2015 No. 889–VIII (hereinafter – the Law) in conjunction with the provisions of Articles 21.1, 21.2, clause 8 of Article 46.2 of the Law as such that run contrary to the of the Constitution of Ukraine.
In her opinion, the lack of legislative mechanism to implement the return of a civil servant to the previous position after completion of professional training had led to the violation of her constitutional rights. In particular, under the provisions of Article 48.7 of the Law the position and salary shall be assigned to the civil servant for the term of his/her professional training.
The provisions of Articles 21.1 and 21.2, of the Law stipulate that the entry to the civil service shall be implemented by way of appointing a citizen of Ukraine to the position of civil service upon the results of the competition; admission of citizens of Ukraine to the civil service without competition shall be prohibited except cases provided for by the Law.
Pursuant to clause 8 of Article 46.2 of the Law, the professional civil service experience shall include «the term of external full-time professional training of a civil servant, in case such person returns to civil service no later than 75 days after its completion unless otherwise provided for by law».
The judge-rapporteur informed that in order to provide full and objective consideration of the case and to adopt a substantiated decision by the Court, inquiries had been sent to Verkhovna Rada, National Civil Service Agency, Legal Directorate of the Constitutional Court, a number of academic and research and pedagogical institutions.
Having examined the case files in the public part of the plenary session, the Second Senate proceeded to the in-camera part for adoption of the decision.
The plenary session was chaired by the Deputy Chairman of the Constitutional Court of Ukraine Serhiy Holovaty.
The subject of the right to constitutional complaint Olena Koshyk participated in the Court hearing.
The public part of the plenary session is available at the official Court’s website: http://ccu.gov.ua/kategoriya/2020.
