December 22. Sessions of the Grand Chamber, Senates and Boards of Judges of the Court Held

Версія для друку

On Thursday, December 22, the Grand Chamber proceeded with deliberation of cases at plenary sessions:

 - upon the constitutional petitions of the Supreme Court of Ukraine regarding the constitutionality of the provisions of Article 3.1.6, Article 3.2.2,  Article 3.2.13 and Article 3.3 of the Law of Ukraine “On Government Cleansing” dated September 16, 2014 No. 1682-VII, 47 People's Deputies of Ukraine regarding the constitutionality of the provisions of Article 1.3, Article 1.6, Article 3.1, Article 3.2, Article 3.3, Article 3.4,  Article 3.8, Article 5.5.2,  paragraph 2 of “Final and Transitional Provisions” of this law, the Supreme Court of Ukraine regarding the constitutionality of the provisions of Article 1.3, Article 3.1.7, Article 3.1.8, Article 3.1.9, Article 3.2.4, paragraph 2 of “Final and Transitional Provisions” of this law and the Supreme Court of Ukraine regarding the constitutionality of the provisions of Article 4.3 of this law; 

 - upon the constitutional complaint of Vasyl Mosiurchak regarding the constitutionality of subparagraph 1, paragraph 2 of Section XI “Final and Transitional Provisions” of the Law of Ukraine “On Public Service” dated December 10, 2015 No. 889-VIII.

The Court will proceed with their deliberation at one of the next plenary sessions.

The Grand Chamber in the case upon the constitutional petition of 45 People's Deputies of Ukraine regarding the constitutionality of the Law of Ukraine on the Peculiarities of Privatisation of Enterprises of the State Joint Stock Company “Ukrrudprom”, the Order of the Cabinet of Ministers of Ukraine “On Measures to Privatise Share Packages of Enterprises of the State Joint Stock Company "Ukrrudprom"” adopted a Ruling on termination of the constitutional proceedings.

Furthermore, the Grand Chamber at the session adopted rulings on extension until January 24, 2023, the deadline for the adoption by Boards of Judges of the Court of rulings on initiating or refusing to initiate constitutional proceedings in cases upon the constitutional complaints of V. Pavlenko, S.Harlyka, Ye. Yevhrafova, R. Korets, M. Omelchenko, R. Shapoval, and Ya. Kuzyk.

Sessions of the First and Second Senates were also held.

The First Senate adopted rulings on temporary inclusion of judges from other boards of the same senate as part of the non-authorised Second and Third Boards of judges of the First Senate.

At the session, the Second Senate deliberated the issue of determining the form of constitutional proceedings in cases upon the constitutional complaints of:

 -  Olha Doroshko regarding the constitutionality of Article 19.6.1, Article 19.6.5, Article 389.3.2 of the Civil Procedure Code of Ukraine and Ivan Kushaba regarding the constitutionality of Article 389.3.2.1 of the Code of Civil Procedure of Ukraine;

 -  Oleh Malynnykov regarding the constitutionality of Article 83.1, Article 83.2, Article 83.5, Article 85.2.1, Article 85.10, Article 88.1.1, Article 88.3 of the Law of Ukraine “On the Judiciary and the Status of Judges” dated June 2, 2016 No. 1402-VIII, of Article 57.2, paragraph 12 of Section III “Final and Transitional Provisions” of the Law of Ukraine “On the High Council of Justice” dated December 21, 2016 No. 1798-VIII;

 - Anna Pleskach regarding compliance of Article 459.1 of the Code of Criminal Procedure of Ukraine with the Constitution of Ukraine.

As a result of the deliberation, the Second Senate adopted 3 rulings on deliberation of these cases in the form of written proceedings.

At its session, the Second Senate adopted rulings on temporary inclusion of judges from other boards of the same senate as part of the incompetent First, Second, and Third Boards of judges of the Second Senate.

On the same day, sessions of the boards of judges of the First and Second Senates were held, at which judges deliberated the issue of initiating constitutional proceedings in cases upon constitutional complaints.

Thus, as a result of the deliberation, the Third Board of Judges of the First Senate adopted a Ruling on initiating constitutional proceedings in the case upon the constitutional complaint of Andrii Franko regarding the constitutionality of the provisions of Article 483.1.2 of the Customs Code of Ukraine. Issues related to the constitutional proceedings in this case will be deliberated by the judges at the session of the First Senate.

The First Board of Judges of the Second Senate adopted the Ruling (final) on refusal to initiate constitutional proceedings in the case upon the constitutional complaint of Viktor Pizniak regarding the constitutionality of specific provisions of Article 16.2.3 of the Law of Ukraine “On Road Traffic”, Article 130.1 of the Code of Ukraine on Administrative Offense.

The Third Board of Judges of the Second Senate adopted the Ruling on initiating constitutional proceedings in the case upon the constitutional complaint of Ihor Lazurenko regarding the constitutionality of the provisions of Article 70.2.4,  Article 70.2.5 of the Law of Ukraine “On Executive Proceedings”, Article 50.2.3,  Article 50.2.4 of the Law of Ukraine “On Compulsory State Pension Insurance”.

Issues related to the constitutional proceedings in this case will be deliberated by the judges at the session of the Second Senate.

 

Developed with the support of OSCE Project Co-ordinator in Ukraine
© 2024 Constitutional Court of Ukraine