On Wednesday, July 12, 2023, the First Senate proceeded with the consideration of the case upon the constitutional complaint of Mykola Kostina regarding the constitutionality of a separate provision of paragraph 26 of Section VI “Final and Transitional Provisions” of the Budget Code of Ukraine.
Based on the results of the consideration, the Court terminated the constitutional proceedings in part whereby the norms and provisions of Articles 20, 21, 22, 23, 30, 31, 37, 39, 48, 51, 52 of the Law of Ukraine “On the Status and Social Protection of Citizens Affected by the Chornobyl Disaster” of February 28, 1991, No. 796-XII, as amended, are applied in the manner and to the extent specified by the Cabinet of Ministers of Ukraine, proceeding from the available financial resources of the state and local budgets and budgets of the compulsory state social insurance funds. At the same time, the Court will consider the case at one of its forthcoming plenary sessions.
The First Senate at the in-camera part of the plenary session also deliberated the case upon the constitutional complaint of Van Kolk Frederik Johannes regarding the constitutionality of the second paragraph of Article 481.6 of the Customs Code of Ukraine. The Court will proceed with its consideration at one of the forthcoming plenary sessions.
In addition, at its session, the First Senate defined the written form of the constitutional proceedings in the case upon the constitutional complaint of Volodymyr Yakimenko regarding the constitutionality of paragraphs 1, 5 of Article 19.6, paragraph 2 of Article 389.3 of the Civil Procedure Code of Ukraine.
The same day, sessions of boards of judges of the First Senate were held, at which judges considered the issue of initiating constitutional proceedings in cases upon constitutional complaints.
In particular, in the case upon the constitutional complaint of Anatolii Luzhynetskyi, the board of judges initiated constitutional proceedings as regards the constitutionality of paragraph 3 of Article 81.3 of the Criminal Code of Ukraine, while refusing to consider the constitutionality of Article 81.1 of the same Code.
In the case upon the constitutional complaint of Viacheslav Tikhonenko regarding the constitutionality of Article 250.2 and Article 279.2 of the Code of Ukraine on Administrative Offences, the board of judges refused to initiate constitutional proceedings.
