On November 22, 2023, at the public part of the plenary session, in the form of written proceedings, the Second Senate deliberated the case upon the constitutional complaint of Anatolii Bai regarding the constitutionality of Article 176.6 of the Criminal Procedure Code of Ukraine.
During the plenary session, the judge-rapporteur in the case, Volodymyr Moisyk, informed that Anatolii Bai appealed to the Constitutional Court of Ukraine to verify the compliance of Article 176.6 of the Criminal Procedure Code of Ukraine (hereinafter - the Code) with Articles 3.2, 8.1, 8.2, 24.1, 29.1, 29.2 of the Constitution of Ukraine. Article 176.6 of the Code stipulates that to persons who are suspected or accused of committing crimes envisaged by Articles 109–114-2, 258–258-6, 260, 261, 437–442 of the Criminal Code of Ukraine, during martial law, in the presence of risks specified in Article 177 of the Code, the preventive measure specified in paragraph 5 of part 1 of this article of the Code is applied, namely detention.
The following follows from the content of the constitutional complaint and the materials attached to it.
The court of first instance conducts a trial in criminal proceedings on the charge of Anatolii Bai for committing a criminal offense provided for in Article 111 of the Criminal Code of Ukraine.
At the court hearing, the prosecutor announced a motion to extend Anatolii Bai's preventive measure in the form of detention, which the courts granted.
The applicant claims that the disputed provisions of the Code do not correspond to the Constitution of Ukraine, as they violate his rights to respect for dignity, freedom and personal integrity, protection of rights and freedoms by the court.
The judge-rapporteur in the case also reported that there is a similar case concerning the same issues pending the Constitutional Court.
After examining the case materials in the public part of the plenary session, the Court proceeded to the in-camera part for a decision.
The representative of the subject of the right to a constitutional complaint, Dmytro Savytskyi, and the Permanent Representative of the Verkhovna Rada of Ukraine at the Constitutional Court of Ukraine, Maksym Dyrdin, attended the public part of the plenary session.
The broadcast of the session is available on the official website of the Court in the section “Archive of video broadcasts of sessions”.
