April 6. The Court Deliberated the Cases upon Constitutional Complaints and Adopted 5 Rulings

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April 6, 2023

On Thursday, April 6, 2023, the Grand Chamber, at the in-camera part of the plenary session proceeded with deliberation of the case upon the constitutional petition of 51 People's Deputies of Ukraine regarding the official interpretation of the provisions of Article 7, Article 20.7, Article 92.1.12, Article 92.1.15, Article 92.1.16 , Article 118.1, Article 118.2, Article 118.3, Article 118.4, Article 118.5, Article 133.2, Article 140.1,  Article 140.2, Article 140.3, Article 140.4, Article 141.2,  and Article 141.4 of the Constitution of Ukraine. The Court will proceed with its deliberation at one of the next plenary sessions.

At the plenary session the Grand Chamber adopted the Ruling on the consolidation of cases into one constitutional proceedings upon the constitutional complaints of Antonina Bolotnikova, Hanna Raikun, Ihor Melnychuk, Vitalii Kovbasiuk, Mykola Biliak, Antonina Yefimenko, Volodymyr Veselukha, Olena Serbina, Yurii Rozhyn regarding the constitutionality of specific provisions of Article 2, paragraph 2.2 of Section II “Final and Transitional Provisions” of the Law of Ukraine “On Measures for Legislative Support of Pension System Reform” dated July 8, 2011, Article 86.2, Article 86.15.6. of the Law of Ukraine “On the Prosecution Office” dated October 14, 2014 No. 1697-VII and Volodymyr Parovyi regarding the constitutionality of specific provisions of Article 2 of the Law of Ukraine “On Measures for Legislative Support of Pension System Reform” dated July 8, 2011 No. 3668-VI, Article 86.15.6.1 of the Law of Ukraine “On the Prosecution Office” dated October 14, 2014 No. 1697-VII.

On the same day, sessions of the boards of judges of the Second Senate took place, at which judges deliberated the issue of initiating constitutional proceedings in cases upon constitutional complaints.

Based on their results, the First Board of Judges of the Second Senate adopted a Ruling on initiating constitutional proceedings in the case upon constitutional complaint of the Private Enterprise “General Construction Management” regarding the constitutionality of Article 321.2.2, Article 321.3 of the Code of Economic Procedure of Ukraine, at the same time the Board adopted a Ruling (final) on refusing to initiate constitutional proceedings in the case upon constitutional complaint of Halyna Bilytska regarding the constitutionality of the provisions of Article 39.1.5 of the Law of Ukraine “On Executive Proceedings” dated June 2, 2016 No. 1404-VIII.

The Second Board of Judges of the Second Senate upon the results of the deliberation adopted 2 rulings: on refusing to initiate constitutional proceedings (final) in the case upon the constitutional complaint of the Joint-Stock Company “Operator of the gas distribution system “Lvivgaz”” regarding the constitutionality of Article 1.1.4, Article 1.1.5, Article 5 of the Law of Ukraine “On measures aimed at settling debts of heat supply and heat generating organisations and enterprises of centralised water supply and drainage” and on initiating constitutional proceedings in the case upon the constitutional complaint of Serhii Vashchenko regarding the constitutionality of Article 361.5.1 of the Code of Administrative Procedure of Ukraine.

 

 

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