July 11, 2024
On July 11, 2024, the Grand Chamber, in the public part of the plenary session, in the form of written proceedings, deliberated the case upom the constitutional complaint of Oleksandr Petrychuk.
During the plenary session, the judge-rapporteur in the case, Viktor Kychun, informed that the applicant had applied to the Constitutional Court of Ukraine with a petition to verify the compliance of the provision of Article 361.5.1 of the Code of Administrative Procedure of Ukraine (hereinafter, the “Code”) with the Constitution of Ukraine.
This provision stipulates that the ground for reviewing court decisions under exceptional circumstances is “the unconstitutionality (constitutionality) of a law, other legal act or their individual provision applied (not applied) by a court in resolving the case, as established by the Constitutional Court of Ukraine, if a court decision has not yet been executed.”
According to the applicant, in the constitutional complaint, in his opinion, Article 361.5.1 of the Code in the part of the wording “if a court decision has not yet been executed” does not comply with Article 8.1 of the Constitution of Ukraine, as it deprives persons “to whom unconstitutional provisions of law have been applied, the right to review a court decision under exceptional circumstances, if such a court decision has already been executed or does not establish enforcement, or when a claim of a person has been dismissed.”
The judge-rapporteur also notified the letters of inquiry had been sent to the Chairman of the Verkhovna Rada of Ukraine, Minister of Justice of Ukraine and a number of higher education establishments and scientific institutions with a request to express their positions on the issues raised in the constitutional complaint.
In this case, the Court proceeded to the in-camera part of the plenary session for a decision.
The plenary session was attended by the Permanent Representative of the Verkhovna Rada of Ukraine to the Constitutional Court of Ukraine Maksym Dyrdin and the Representative of the President of Ukraine to the Constitutional Court of Ukraine Serhii Dembovskyi.
The video recording of the plenary session is available on the official website of the Constitutional Court of Ukraine in the Section “Archive of video broadcasts of the sessions”.
