On Wednesday, December 21, the Grand Chamber at the public part of the plenary session in the form of written proceedings deliberated the case upon the constitutional petition of 48 People’s Deputies of Ukraine on conformity of certain provisions of the Commercial Code of Ukraine, the Law of Ukraine “On Management of State Property”, requirements for an independent member of the supervisory board of a state unitary enterprise and company where more than 50 percent of shares (stocks) belong to the State, adopted by the Resolution of the Cabinet of Ministers of Ukraine of March 10, 2017, No. 142, the Procedure for determining and approving candidates for state representatives appointed to the supervisory boards of state unitary enterprises and those participating in general meetings, and those who are elected to the supervisory boards of companies in the authorised capital where more than 50 percent of shares (stocks) belong to the State, adopted by the Resolution of the Cabinet of Ministers of Ukraine of March 10, 2017, No. 143 with the Constitution of Ukraine (constitutionality).
Having examined the case file at the public part, the Court proceeded to the in-camera part of the plenary session for a decision.
The Grand Chamber, an the in-camera part of the plenary sessions, also proceeded with the deliberation of cases upon the following constitutional petitions:
- of 49 People’s Deputies of Ukraine regarding the conformity of the Law of Ukraine “On Amendments to Article 12 of the Law of Ukraine “On Freedom of Conscience and Religious Organisations” concerning the name of religious organisations (associations) that are part of the structure (are branches) of religious organisation (association), the management centre (administration) of which is located outside Ukraine in a state recognised by law as having carried out military aggression against Ukraine and/or temporarily occupied part of the territory of Ukraine” with the Constitution of Ukraine;
- of the Supreme Court of Ukraine regarding the compliance of the provisions of Articles 3.1.6, 3.2.2, 3.2.13, 3.3 of the Law of Ukraine “On Government Cleansing” dated September 16, 2014 No. 1682-VII with the Constitution of Ukraine, of 47 People's Deputies of Ukraine regarding compliance of the provisions of Articles 1.3, 1.6, 3.1, 3.2, 3.3, 3.4, 3.8, 5.5.2, paragraph 2 of “Final and Transitional Provisions” of this law with the Constitution of Ukraine; of the Supreme Court of Ukraine regarding the conformity of the provisions of Articles 1.3, 3.1.7, 3.1.8, 1.3.9, 3.2.4, paragraph 2 of “Final and Transitional Provisions” of this law with the Constitution of Ukraine and of the Supreme Court of Ukraine regarding the conformity of the provisions of Article 4.3 of this law with the Constitution of Ukraine.
Further deliberation of these cases will take place at one of the forthcoming plenary sessions.
In addition, a session of the First Board of Judges of the First Senate of the Court was held. At this session, 3 rulings (final) on the refusal to initiate constitutional proceedings in cases upon the following constitutional complaints were adopted:
- Tetiana Romashko regarding the conformity of the first sub-paragraph of paragraph 21, the second sub-paragraph of paragraph 16 of Section XV “Final Provisions” of the Law of Ukraine “On Mandatory State Pension Insurance” with the Constitution of Ukraine;
- Yurii Khitrukhin regarding the conformity of the second paragraph of Article 481.6 of the Customs Code of Ukraine, Article 294.10 of the Code of Ukraine on Administrative Offenses with the Constitution of Ukraine;
- Viacheslav Pleskach regarding the conformity of the provisions of Articles 21.2 and 21.3 of the Law of Ukraine “On Access to Public Information” with the Constitution of Ukraine.
