On Wednesday, April 19, the First Senate, at the public part of the plenary session in the form of written proceedings, deliberated the case upon the constitutional complaint of Volodymyr Tymoshenkov regarding the constitutionality of paragraph six of clause 19 of Section 11 "Final and Transitional Provisions" of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Priority Measures for the Reform of the Prosecutor's Office" of September 19, 2019 No. 113-IX.
The Court examined the case materials in the public part of the plenary session and proceeded to the in-camera part for decision.
A session of the First Senate was also held, at which the judges considered the issue of determining the form of constitutional proceedings in cases upon constitutional complaints of:
- Van Kolk Frederik Johannes on the constitutionality of paragraph two of Article 481.6 of the Customs Code of Ukraine;
- Oleksandr Petrychuk on the constitutionality of a separate provision of paragraph three of clause 3 of Section II "Final and Transitional Provisions" of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Priority Measures for the Reform of the Prosecutor's Office" of September 19, 2019 No. 113-IX;
- Mariana Ostapenko on the constitutionality of a separate provision of paragraph three of clause 3 of Section II "Final and Transitional Provisions" of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Priority Measures for the Reform of the Prosecutor's Office" of September 19, 2019 No. 113-IX;
- Volodymyr Nekrylov on the constitutionality of paragraph 2 of Section I of the Law of Ukraine "On Amendments to the Law of Ukraine "On the Status and Social Protection of Citizens Affected by the Chernobyl Disaster" on Increasing the Level of Pensions for Certain Categories of Persons" of June 29, 2021 No. 1584-IX, Article 54.3 of the Law of Ukraine "On the Status and Social Protection of Citizens Affected by the Chernobyl Disaster" of February 28, 1991 No. 796-XII.
As a result of the consideration, the First Senate adopted 4 rulings on the consideration of these cases in the form of written proceedings.
The Second Senate, in the public part of the plenary sessions in the form of written proceedings, considered two cases upon the constitutional complaints of:
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Ivan Sapsai on the constitutionality of the provisions of sub-clause 2 of clause 19 of Section II "Final and Transitional Provisions" of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Priority Measures for the Reform of the Prosecution Service" of September 19, 2019 No. 113-IX in the wording before amendments introduced by the Law of Ukraine "On Amendments to Section II "Final and Transitional Provisions" of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Priority Measures for the Reform of the Prosecution Service" regarding Certain Aspects of the Effect of Transitional Provisions" of June 15, 2021 No. 1554-IX in systemic connection with clause 9 of Article 51.1 of the Law of Ukraine "On the Prosecution Service" of October 14, 2014 No. 1697-VII;
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Serhii Vashchenko on the constitutionality of clause 1 of Article 361.5 of the Code of Administrative Proceedings of Ukraine.
The Court examined the materials of these cases in the public part and proceeded to the in-camera part of the plenary session for decision-making.
Also, the Second Senate continued consideration of the case upon the constitutional complaint of Serhiy Syrotenko regarding the constitutionality of certain provisions of clause 2 of Article 171.9, clause 4 of Article 246.5 of the Code of Administrative Proceedings of Ukraine at the in-camera part of the plenary session. Based on the results of the proceedings in this case, the Court delivered the Decision No. 4-р(ІІ)/2023.
On the same day, the First and Second Senates held sessions of the boards of judges, where the judges considered the issue of initiating constitutional proceedings in cases upon constitutional complaints.
In particular, the First Panel of Judges of the Second Senate delivered a Ruling (final) on refusal to initiate constitutional proceedings in the case upon the constitutional complaint of Serhii Avdishev on the compliance of paragraph two of Article 483.1 of the Customs Code of Ukraine with the Constitution of Ukraine.
The Second Board of Judges of the First Senate refused to initiate constitutional proceedings in cases upon the constitutional complaints of Vitaliy Prodan on the constitutionality of sub-clause 5 of clause 63 of Section I of the Law of Ukraine "On Amendments to the Budget Code of Ukraine on Reform of Intergovernmental Fiscal Relations", paragraph 9 of the Section "Final Provisions" of the Law of Ukraine "On the State Budget of Ukraine for 2015", clause 11 of Section "Final Provisions" of the Law of Ukraine "On the State Budget of Ukraine for 2016" and Yuriy Hresko on the constitutionality of the second sentence of paragraph four of clause 1 of Article 12 of the Law of Ukraine “On Social and Legal Protection of Servicemen and Members of their Families”.
The Second Board of Judges of the First Senate initiated constitutional proceedings in the case upon constitutional complaint of Mykyta Yevstifeiev concerning constitutionality of clause 2 of Article 389.3 of the Code of Civil Procedure of Ukraine.
