November 16, 2022
Today, November 16, the First Senate, at the public part of the plenary session in the form of written proceedings deliberated the case upon the constitutional complaint of Ihor Stefurak regarding the compliance of the provisions of Article 220.127.116.11 of the Law of Ukraine “On Public Service” dated December 10, 2015 No. 889-VIII (hereinafter referred to as “Law No. 889”) as amended by Law of Ukraine “On Amendments to the Customs Code of Ukraine and Some Other Legislative Acts of Ukraine in view of the Implementation of Administrative Reform” dated January 14, 2020 No. 440-IX (hereinafter referred to as “Law No. 440”) with the Constitution of Ukraine.
During the plenary session Viktor Kryvenko, the Judge-Rapporteur in the case, explained the content of the constitutional complaint, and informed about the progress of the case in the courts and the substantiation of the complainant.
In particular, it was stated that Ihor Stefurak appealed to the Constitutional Court of Ukraine with a request to review the compliance of the provisions of Article 18.104.22.168 of Law No. 889 as amended by Law No. 440, according to which “the subject authorised to appoint or the head of the public service may offer a public servant any an open public service position in the same state body (if available)” with the Constitution of Ukraine.
In his opinion, the amendments introduced by Law No. 440 narrowed the content and scope of his constitutional right to work, and deprived him of protection against illegal dismissal.
The Judge-Rapporteur informed that in order to ensure a full and objective deliberation of the case, a request was sent to the relevant state institutions and specialists of academic institutions were invited to deliver their opinions on the issues raised in the constitutional complaint.
The First Senate studied the materials of the case in the public part of the plenary session and proceeded to the in-camera part for a decision.
The public part of the plenary session is available at the official website of the Constitutional Court of Ukraine in the section Archives of video broadcasts of sessions.