December 6, 2023
On December 6, at the public part of the plenary session, the First Senate commenced deliberation of the case upon the constitutional complaint of Volodymyr Tymoshenkov in the form of written proceedings.
During the plenary session, the judge-rapporteur in the case, Petro Filiuk, reported that the complainant appealed to the Constitutional Court of Ukraine to verify the conformity of an individual provision of Article 361.5.1 of the Code of Administrative Procedure of Ukraine (hereinafter - the Code), namely: “if the court decision has not yet been executed” with the Constitution of Ukraine.
According to Article 361.5.1 of the Code, the basis for reviewing court decisions under exceptional circumstances is “established by the Constitutional Court of Ukraine unconstitutionality (constitutionality) of the law, other legal act or their individual provision, applied (not applied) by the court when deciding the case, if the court's decision has not yet been executed”.
The judge-rapporteur informed that the Second Senate is deliberating the case upon the constitutional complaints of Serhii Vashchenko, Ihor Hubko, Oksana Tymoshenkova, and Mykhailo Tsymbal, combined into one constitutional proceeding, with the same subject matter of the constitutional proceeding.
The First Senate will deliberate the stated petition of Volodymyr Tymoshenkov on combining constitutional proceedings at the in-camera part of the plenary session.
Thus, the Court in this case proceeded to the in-camera part of the plenary session.
Volodymyr Tymoshenkov, the subject of the right to a constitutional complaint, Maksym Dyrdin, Permanent Representative of the Verkhovna Rada of Ukraine at the Constitutional Court of Ukraine, and other citizens attended the public part of the plenary session.
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”.
