The Court proceeded to the in-camera part of the hearing in the case on the constitutionality
of specific provisions of the Code on Administrative Offences
16.09.2020
The First Senate of the Constitutional Court of Ukraine, at the plenary session in the form of written proceedings, considered the case upon the constitutional complaint of Nadiia Anatoliyivna Kopylova concerning the compliance of the provisions of paragraph one Article 142 and paragraph five of Article 2791 of the Code on Administrative Offences of Ukraine (hereinafter – the Code) to the Constitution of Ukraine (constitutionality).
During the plenary session, the judge-rapporteur in the case Viktor Kolisnyk set out the content of constitutional complaint and the grounds for initiating the constitutional proceedings in the case.
In the petitioner’s opinion, the disputed provisions of the Code do not comply with a number of constitutional provisions, since they envisage a possibility to bring the owner of transport means to administrative liability even in case when this person did not commit an administrative offence.
The petitioner notes that „availability of such a legal mechanism as bringing of owners of transport means to liability even in case when they did not committed administrative offence, mitigates the essence of the constitutional rights and freedoms, individual legal liability, since they become declarative, and such that are deprived of real means of protection“. To confirm her position, N.Kopylova presented specific provisions of the Code, legal positions of the Constitutional Court of Ukraine and indicated that the application of paragraph one of Article 142 and paragraph five of Article 2791 had led to bringing her to legal liability for administrative offence which she had not committed.
The judge-rapporteur informed that in order to provide full and objective consideration of the case and to adopt a substantiated decision by the Court, 22 inquiries had been sent to the state bodies, higher educational establishments and academic institutions for clarification of their positions regarding the issues raised in the constitutional complaint.
Having examined the case files in the public part of the plenary session, the Court proceeded to the in-camera part for adoption of the decision.
The public part of the plenary session is available at: http://ccu.gov.ua/kategoriya/2020.
