October 12. Agenda of Court’s Sessions (Approved). The Court Adopted 2 Decisions and 9 Rulings

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October 12, 2022

Today, October 12, the First Senate of the Court at the plenary session deliberated the case upon the constitutional complaint of Roman Unukovych regarding the compliance of Article 2043.1 of the Code of Ukraine on Administrative Offenses with the Constitution of Ukraine. Decision No. 8-r (I)/2022 has been delivered.

The First Senate during the plenary session proceeded with deliberation of the case upon the constitutional complaints of Antonina Bolotnikova, Hanna Raikun, Ihor Melnychuk, Vitalii Kovbasiuk, Mykola Biliak regarding the conformity of the specific provisions of Article 2 of the Law of Ukraine “On Measures for Legislative Support of the Pension System Reform” dated July 8, 2011 No. 3668-VI, Article 86.15.6 of the Law of Ukraine  “On Prosecutor’s Office” dated October 14, 2014 No. 1697-VІІ with the Constitution of Ukraine, of Antonina Yefimenko regarding the conformity of the specific provision of Article 2 of the Law of Ukraine  “On Measures for Legislative Support of the Pension System Reform” dated July 8, 2011 No. 3668-VI with the Constitution of Ukraine, of Volodymyr Veselukha regarding the conformity of specific provisions of Article 2 of the Law of Ukraine “On Measures for Legislative Support of the Pension System Reform” dated July 8, 2011 No. 3668-VI and paragraph 2.2 of Section II of “Final and Transitional Provisions” of the Law of Ukraine “On Measures for Legislative Support of the Pension System Reform” dated July 8, 2011 No. 3668-VI, Article 86.2, Article 86.15.6 of the Law of Ukraine “On Prosecutor’s Office” dated October 14, 2014 No. 1697-VІІ with the Constitution of Ukraine. Upon the  result of the deliberation, a Ruling was adopted on the refusal to initiate constitutional proceedings.

The First Senate at the plenary session also adopted the Ruling on the deliberation of the case upon the constitutional complaint of Iryna Yarosh regarding the compliance of the provisions of Article 483.1.2 of the Customs Code of Ukraine with the Constitution of Ukraine in the form of written proceedings.

The Second Senate of the Court at the plenary session delivered Decision No. 7-r(II)/2022 in a case upon the constitutional complains of Volodymyr Zhydenko and Viktor Petrenko concerning the compliance of the provisions of Article 2 of the Law of Ukraine “On Measures for Legislative Support of the Pension System Reform” dated July 8, 2011 No. 3668-VI with the Constitution of Ukraine.

In addition, at the session the Second Senate deliberated the form of constitutional proceedings in the case upon the constitutional complaint of Olena Serbina regarding the compliance of Article 2 of the Law of Ukraine “On Measures for Legislative Support of the Pension System Reform” dated July 8, 2011 No. 3668-VI, the first clause of Article 86.15.6 of the Law of Ukraine “On Prosecutor’s Office” dated October 14, 2014 No. 1697-VІІ with the Constitution of Ukraine. Upon the results a Ruling was adopted on the deliberation of the case in the form of written proceedings.

Besides, the First Board of the First Senate of the Court and the Third Board of the Second Senate of the Court held sessions regarding the initiation of the deliberation of cases upon the constitutional complaints.

6 Rulings (Final) were adopted on the refusal to initiate constitutional proceedings upon the following constitutional complaints:

  • of Vitalii Lebedev regarding the compliance of Article 70.1.6 and Article 70.5.2  of the Customs Code of Ukraine with the Constitution of Ukraine;
  • of Viktoriia Tereshchenko regarding the compliance of specific provision of Article 3.1.19 of the Criminal Procedure Code of Ukraine with the Constitution of Ukraine;
  • of Free primary trade union of the municipal institution of the Lviv Regional Council “Lviv Regional Antituberculosis Dispensary” regarding the compliance of Article 16.5. of the Bases of the Legislation of Ukraine on Health Care with the Constitution of Ukraine;
  • of Serhii Reshotka regarding the compliance of the Article 35.4. of the Commercial Procedure Code of Ukraine in conjunction with Articles 35.1, 233.8, 240.7, 240.8, 240.9 of the mentioned Code with the Constitution of Ukraine;
  • of Volodymyr Tsapenko regarding the compliance of Article 59.3 of the Law of Ukraine “On Status and Social Protection of Citizens, Who Suffered in a Result of the Chornobyl Disaster”, Articles 11, 21 of the Law of Ukraine “On Pension Provisions Of Persons, Released From Military Service And Other Persons” with the Constitution of Ukraine;
  • of Civil organization “Tovarystvo “Vostok”” regarding the compliance of Article 4.2.2.7 of the Law of Ukraine “On Court Fees” with the Constitution of Ukraine.   

The Third Board of Judges has adopted the Ruling on initiating the constitutional proceeding in case upon the constitution complaint of Natalia Tryhub regarding the compliance of Article 44.2.2 of Law of Ukraine “On State Market Supervision and Control of Non-Food Products” with the Constitution of Ukraine.

 

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