On Wednesday, June 21, 2023, at the public part of the plenary session, the First Senate deliberated the case upon the constitutional complaint of Liliia Lukianchuk in the form of written proceedings.
As the judge-rapporteur in the case, Petro Filiuk, noted, the First Board of Judges of the First Senate had initiated constitutional proceedings in the case regarding the compliance of paragraph 19.2 of Section II “Final and Transitional Provisions” of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine regarding Priority Measures for the Reform of Prosecution Offices” of September 19, 2019 No. 113-IX (hereinafter referred to as “Law No. 113”) in the wording before introducing amendments 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 regarding Priority Measures for the Reform of Prosecution Offices” concerning certain aspects of the effect of transitional provisions” dated June 15, 2021 No. 1554-IX (hereinafter referred to as “Law No. 1554”) in systematic conjunction with Article 51.1.9 of the Law of Ukraine “On the Prosecution Office” of October 14, 2014 No. 1697-VII (hereinafter referred to as “ Law No. 1697”) with the Constitution of Ukraine.
In accordance with the contested provisions of Law No. 113, prosecutors who, on the day this law enters into force, hold positions in the General Prosecution Office of Ukraine, regional prosecution offices, local prosecution offices, military prosecution offices, shall be dismissed from the position of prosecutor by the Prosecutor General, the head of the regional (oblast) prosecution office on the basis of Article 51.1.9 of Law No. 1697 on the condition of “decision of the personnel commission on unsuccessful certification” (paragraph 19.2 in the wording before introducing amendments by Law No. 1554).
At the same time, according to Article 51.1.9 of Law No. 1697, the prosecutor shall be dismissed from his/her position in case of “liquidation or reorganization of the prosecution office in which the prosecutor holds office, or in case of a reduction in the number of prosecutors of the prosecution office”.
According to the author of the petition, the specified legislative regulation led to a violation of her right to work and constitutional guarantees of protection against unfair dismissal.
The judge-rapporteur also informed that the Second Senate was deliberating the case upon the constitutional complaint of Ivan Sapsai with the same subject of appeal.
In this case, the Court 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 session.
The public part of the plenary session is available at the link: https://ccu.gov.ua/kategoriya/2023.
