1 February, 2023
The First Senate postponed the deliberation of the case upon the constitutional complaint of Andrii Frank regarding the constitutionality of the provisions of Article 483.1.2 of the Customs Code of Ukraine. It will be deliberated in the public part at one of the following plenary sessions.
The Second Senate at the public part of the plenary session in the form of written proceedings deliberated the case upon the constitutional complaint of Ruslan Onischenko regarding the constitutionality of Article 615.6 of the Code of Criminal Procedure of Ukraine and proceeded to the in-camera part for a decision.
At the in-camera part of the plenary sessions, the Second Senate proceeded with deliberation of cases:
- upon the constitutional complaint of Serhii Vasylenko regarding the constitutionality of clause 6 of Section II “Final and Transitional Provisions” of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding Priority Measures for the Reform of Prosecutor's Offices” dated September 19, 2019 No. 113-IX;
- upon the constitutional complaint of Viacheslav Pleskach regarding the constitutionality of the provisions of Articles 294.1 and 383.6 of the Code of Administrative Procedure of Ukraine.
The Court will proceed with its deliberation at one of the forthcoming plenary sessions.
Sessions of the Second Senate were also held, at which judges deliberated issues related to the determination of the form of constitutional proceedings and the initiation of constitutional proceedings in cases upon constitutional complaints.
The Second Senate adopted rulings on deliberation of cases in the form of written proceedings upon the constitutional complaints of:
- Ihor Lazurenko regarding the constitutionality of the provisions of paragraphs four and five of Article 70.2 of the Law of Ukraine “On Executive Proceedings”, paragraphs three and four of Article 50.2 of the Law of Ukraine “On Compulsory State Pension Insurance”;
- Mykola Starychenko regarding the constitutionality of a specific provision of Clause 3.3 of Chapter II “Final and Transitional Provisions” of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding Priority Measures for the Reform of Prosecutor's Offices” dated September 19, 2019 No. 113-IX.
The Second Senate adopted the ruling on initiating constitutional proceedings in the case upon the constitutional complaint of Oleksii Abramovych regarding the constitutionality of Article 39.1.2 of the Housing Code of Ukraine.
At one of the following sessions, the Second Senate will proceed with deliberation of the issue of initiating constitutional proceedings in the cases upon the constitutional complaints of the Motor (Transport) Insurance Bureau of Ukraine regarding the constitutionality of the provisions of paragraphs two and three of clause 20.3 of Article 20 of the Law of Ukraine “On Compulsory Insurance of Civil Liability of Vehicle Owners” and Oleh Ananchenko regarding the constitutionality of the provisions of Article 400.1 of the Code of Civil Procedure of Ukraine.
The same day sessions of the boards of judges of the First and the Second Senates were held during which the judges considered the issues on initiating constitutional proceedings in the cases upon the constitutional complaints. Following the deliberations, 4 rulings were adopted.
In particular, the First Board of Judges of the First Senate adopted the Ruling (final) on refusal to initiate constitutional proceedings in the case upon the constitutional complaint of Myroslava Kunets on the constitutionality of the second sentence of Article 155.3 of the Law of Ukraine “On the Judiciary and the Status of Judges” of 2 June 2016 No. 1402–VIII.
The Second Board of Judges of the First Senate adopted the Ruling (final) on refusal to initiate constitutional proceedings in the case upon the constitutional complaint of Andrii Chekarenda on the constitutionality of clause “a” of Article 12.1 of the Law of Ukraine “On Pension Provision of Individuals Dismissed from Military Service and some Other Persons” of 9 April 1992 No. 2262-ХІІ in the wording of the Law of Ukraine “On Measures regarding Legislative Support of the Pension Reform System”.
The Third Board of Judges of the First Senate adopted the Ruling on initiating constitutional proceedings in the case upon the constitutional complaint of Oksana Tymoshenkova on the constitutionality of the rules of clause 6, specific provision of paragraph 6 of clause 19 of Section ІІ “Final and Transitional Provisions” of the Law of Ukraine “On Amending some Legislative Acts of Ukraine on Priority Measures on Reforming the Bodies of the Prosecution” of 19 September 2019 No. 113-ІХ.
The Second Board of Judges of the Second Senate adopted a Ruling on initiating constitutional proceedings in the case upon the constitutional complaint of LLC “Halytska torhova kompanija” in the part on the constitutionality of the rules of clause 1 of Article 19.6, clause 2 of Article 389.3 of the Code of Civil Procedure of Ukraine and on refusal to initiate constitutional proceedings in the part on the constitutionality of the rule of clause 5 of Article 19.6 of this Code.
