The case on the constitutional complaints of Anatolii Kremenchutskyi and Vladyslav Pavlyk was considered by the Court

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 The case on the constitutional complaints of Anatolii Kremenchutskyi and Vladyslav Pavlyk was considered by the Court 

On June 17 the Second Senate of the Constitutional Court of Ukraine considered the case on the constitutional complaints of Anatolii Kremenchutskyi and Vladyslav Pavlyk at its plenary session in the form of a written proceedings.

The subjects of the right to constitutional complaint appealed to the Constitutional Court of Ukraine with a request to check the compliance of the provisions of Article 294.10 of the Code of Administrative Offenсes of Ukraine (hereinafter - the Code) with the Constitution of Ukraine (constitutionality).

The provisions of Article 294.10 of the Code stipulate that the decision of the appellate court enters into force immediately after its issuance, is final and may not be appealed.

According to the petitioners, the application of the provisions of Article 294.10 of the Code in the final court decisions in their cases resulted in the deprivation of their right to cassation appeal against the court decision.

The applicants alleged that the application of the disputed provisions of the Code violated their constitutional rights, namely the right to work and the right to judicial protection of human and civil rights and freedoms, and was contrary to the rule of law.

Serhiy Holovaty, the Chair of the plenary session, who is the judge-rapporteur in the case, informed about the merging of the constitutional proceedings on these complaints into one constitutional proceedings. The judge-rapporteur also informed about the consideration by the Court of the case of Anatolii Kremenchutskyi in the public part of the plenary session and the content of the constitutional complaint of Vladyslav Pavlyk.

During today's plenary session, the Second Senate considered the case files and passed to the closed part of the plenary session for adoption of a decision.

The public part of the plenary session is available on the official website of the Constitutional Court of Ukraine through the link: http://ccu.gov.ua/kategoriya/2020.

 

 

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