On Wednesday, May 24, 2023, the First Senate of the Constitutional Court at the public part of the plenary session in the form of written proceedings deliberated the case upon the constitutional complaint of Oleksandr Bredun regarding the constitutionality of Article 87.3.1.2 of the Law of Ukraine “On Public Service” dated December 10, 2015 No. 889-VIII (hereinafter referred to as “Law No. 889”) as amended by the Law of Ukraine “On Amendments to the Customs Code of Ukraine and some other legislative acts of Ukraine in view of the implementation of administrative reform” dated January 14, 2020 No. 440-IX (hereinafter referred to as “Law No. 440”).
During the plenary session, the judge-rapporteur in the case, Viktor Kychun, informed that the author of the appeal requested to examine the compliance of the provision of Article 87.3.1.2 of Law No. 889 as amended by Law No. 440, according to which “the subject of appointment or the head of public service can offer a public servant any vacant public service position in the same state body (if available)" with the Constitution of Ukraine.
As the judge-rapporteur noted, from the content of the constitutional complaint and the materials attached to it, it can be seen that the complainant was dismissed from his position and public service in view of the reduction of the public service position as a result of the approval of the structure and changes to the staff list. According to Oleksandr Bredun, the contested provision puts a public servant, including one who took a public service position as a result of the competition, in an unequal position and creates a situation of insecurity due to the lack of defined criteria for the implementation of the offer of a vacant position. The applicant notes that granting the subject of power the right to make decisions, using unlimited and unregulated discretion, “leads to arbitrary decisions from which the public servant has no protection due to the narrowing of the rights of public servants in the event of dismissal and discrimination against other categories of employees”.
Not agreeing to the dismissal, the subject of the right to a constitutional complaint appealed to the courts with a claim, but the courts refused to satisfy the claims. In this regard, he filed a constitutional complaint with the Constitutional Court of Ukraine.
The court examined the case files in the public part and proceeded to the in-camera part of the plenary session for a decision.
The Permanent Representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine Maksym Dyrdin attended the public part of the plenary session.
The public part of the plenary session is available at the link: https://ccu.gov.ua/kategoriya/2023.
