Today, July 13, the First Senate of the Court, at the public part of the plenary session, in the form of written proceedings, deliberated the case upon the constitutional complaint of Mykhailo Tsymbal on the constitutionality of the provisions of Article 361.5.1. of the Code of Administrative Procedure of Ukraine (hereinafter referred to as the Code).
During the plenary session, Serhii Sas, the Judge-Rapporteur presented the content of the constitutional complaint and informed about the progress of the case in the courts, as well as complainant’s justification.
As the Judge-Rapporteur noted, the complainant asks to review the constitutionality of a separate provision of Article 361.5.1 of the Code, namely the wording “if the court judgment has not yet been executed”.
According to the impugned provision of the Code, among the grounds for reviewing court decisions in connection with exceptional circumstances is the established by the Constitutional Court of Ukraine unconstitutionality (constitutionality) of a law, other legal act or their separate provision, that was applied (not applied) by the court when deciding the case, in case the court decision has not yet been executed.
In the complainant’s opinion, the impugned provision regarding the wording “if the court judgment has not yet been executed” contradicts a number of provisions of the Constitution of Ukraine, since it violates his right to compensation for moral and material damage by the law, which is recognised as unconstitutional, introduces discrimination against certain categories of pensioners in the aspect of their potential exercise of this right, and also violates the complainant’s right to effective judicial protection.
Having examined the case in the public part of the plenary session, the First Senate proceeded to the in-camera part for decision.
The public part of the plenary session is available on the Court’s official website under the heading “Archive of video broadcasts of the sessions”.
