April 26, 2023
On Wednesday, April 26, sessions of the First and Second Senates were held, at which judges deliberated cases upon constitutional complaints.
In the public part of plenary sessions, the First Senate deliberated cases in the form of written proceedings upon constitutional complaints of:
- Oleksandr Petrychuk regarding the constitutionality of a specific provision of paragraph 3.3 of Section II “Final and Transitional Provisions” of the Law of Ukraine “On Amending Certain Legislative Acts regarding the Immediate Measures of the Prosecution Service Reform” dated September 19, 2019 No. 113-IX;
- Mariana Ostapenko regarding the constitutionality of a specific provision of paragraph 3.3 of Section II “Final and Transitional Provisions” of the Law of Ukraine “On Amending Certain Legislative Acts regarding the Immediate Measures of the Prosecution Service Reform” dated September 19, 2019 No. 113-IX.
The Сourt examined the case files in the public part of the plenary sessions and proceeded to the in-camera part for a decision.
The First Senate combined into one constitutional proceedings the cases upon the constitutional complaints of Oksana Tymoshenkova and Volodymyr Tymoshenkov regarding the constitutionality of paragraph 19.6 of Section II “Final and Transitional Provisions” of the Law of Ukraine “On Amending Certain Legislative Acts regarding the Immediate Measures of the Prosecution Service Reform” dated September 19, 2019 No. 113-IX.
The First Senate also determined the written form of the constitutional proceedings in the case upon the constitutional complaint of Mykyta Yevstifeiev regarding the constitutionality of Article 389.3.2 of the Civil Procedure Code of Ukraine.
The Second Senate, in the in-camera parts of the plenary sessions, proceeded with deliberation of cases upon the constitutional complaints of:
- Company Representation of “ANDRITZ HYDRO GmbH” regarding the constitutionality of the provisions of paragraph 120-1.1 of Article 120-1 of the Tax Code of Ukraine;
- Roman Truba regarding the constitutionality of the provisions of Article 11.1.2 of the Law of Ukraine “On the State Bureau of Investigation” and paragraphs 3.2.1, 3.2.2 of Section II “Final and Transitional Provisions” of the Law of Ukraine “On Amending Certain Laws of Ukraine on the Improvement of the Activities of the State Bureau of Investigation”.
The Court will proceed with their deliberation at one of the next plenary sessions.
At its session, the Second Senate deliberated the issue of determining the form of constitutional proceedings in the case upon the constitutional complaint of Serhii Menchynskyi regarding the constitutionality of a specific provision of paragraph 3.3 of Section II “Final and Transitional Provisions” of the Law of Ukraine “On Amending Certain Legislative Acts regarding the Immediate Measures of the Prosecution Service Reform” dated September 19, 2019 No. 113-IX. Upon deliberation, the Court adopted a Ruling on deliberation of the case in the form of written proceedings.
On the same day, sessions of the boards of judges of the First and Second Senates took place, at which judges deliberated the issue of initiating constitutional proceedings in cases upon constitutional complaints.
The First Board of Judges of the First Senate initiated constitutional proceedings in the case upon the constitutional complaint of Bohdan Chehel in the part concerning the constitutionality of Article 87.3.1.2 of the Law of Ukraine “On Public Service” dated December 10, 2015 No. 889-VIII as amended by the Law of Ukraine “On Amending the Customs Code of Ukraine and some other legislative acts of Ukraine in view of the implementation of administrative reform” dated January 14, 2020 No. 440-IX, in another part the Court refused to initiate constitutional proceedings.
Also, the boards of judges of the First and Second Senates adopted four rulings (final) on the refusal to initiate constitutional proceedings in cases upon constitutional complaints of:
• Yevhenii Drebitko regarding the constitutionality of Article 115.1.2 of the Criminal Procedure Code of Ukraine;
• Dmytro Oliinyk regarding the constitutionality of Article 265.2 of the Code of Administrative Procedure of Ukraine;
• Oleh Walter regarding the constitutionality of the provision of paragraph “b” of Article 198.2 of the Land Code of Ukraine;
• Anatolii Romanenko regarding the constitutionality of specific provisions of Article 130.1 of the Code of Ukraine on Administrative Offenses.
The Third Board of Judges of the Second Senate of the Court will proceed with deliberation of the issue of initiating constitutional proceedings in the case upon constitutional complaint of Petro Chornodolia regarding the constitutionality of the provisions of paragraphs one, two and five of Article 122 of the Code of Administrative Procedure of Ukraine at the next session.
