The Court proceeded to the in-camera part of the plenary session in the case on the constitutionality
of certain provisions of the Civil Code of Ukraine
The Second Senate of the Constitutional Court of Ukraine at its plenary session in the form of written proceedings considered the case upon the constitutional complaint of the Public Joint Stock Company Joint-Stock Commercial Bank INDUSTRIALBANK on the constitutionality of the provisions of Articles 13.3 and 16.3 of the Civil Code of Ukraine (hereinafter - the Code).
During the plenary session, Judge-Rapporteur in the case Oleh Pervomayskyi set out the content of the constitutional complaint and the grounds for initiating the constitutional proceedings in the case.
The Judge-Rapporteur informed that Article 13.3 of the Code stipulates that actions of a person committed with intent to harm another person, as well as abuse of rights in other forms are prohibited; according to Article 16.3 of the Code, "The court may refuse to protect the civil rights and interests of a person in case of his or her violation of the provisions of paragraphs two to five of Article 13 of the Code."
The complainant considers that these provisions of the Code do not comply with a number of articles of the Constitution of Ukraine. The petitioner notes that the disputed provisions are legally uncertain and their application has led to the fact that the subject of the right to constitutional complaint is deprived of the right to protection of property rights guaranteed by the Constitution of Ukraine and the constitutional right to judicial protection, and he is also legally (civilly) liable for acts that are not recognised by law as an offense.
The Judge-Rapporteur also noted that in order to ensure a full and objective consideration of the case, inquiries were sent to state bodies and scientific institutions to clarify their positions on the issues raised in the constitutional complaint.
After examining the case files in the public part of the plenary session, the Court proceeded to the in-camera part for a decision.
The plenary session was chaired by Deputy Chairman of the Constitutional Court of Ukraine Serhiy Holovaty.
The plenary session was attended by the authorised person acting on behalf of the subject of the right to constitutional complaint, lawyer Liudmyla Maystrenko.
The public part of the plenary session is available at the link: http://ccu.gov.ua/kategoriya/2020.
