On Wednesday, November 15, 2023, the Constitutional Court of Ukraine held sessions of the senates and boards of judges.
At the in-camera part of the plenary session, the First Senate of the Court proceeded with deliberation of the case upon the constitutional complaint of Vitalii Hasiak regarding the constitutionality of Article 14-3.1 of the Code of Ukraine on Administrative Offenses. It will be deliberated at one of the following plenary sessions.
The First Senate in the case upon the constitutional complaint of Volodymyr Tymoshenkov regarding the constitutionality of an individual provision of Article 361.5.1 of the Code of Administrative Procedure of Ukraine determined the written form of the proceedings.
The Second Senate of the Court, at the in-camera part of the plenary session, proceeded with deliberation of cases upon constitutional complaints of:
• Anatolii Luzhynetskyi regarding the constitutionality of specific provisions of Article 111.1 of the Criminal and Executive Code of Ukraine;
• Olha Doroshko, Ivan Kushaba, Mykyta Yevstifieiev, Volodymyr Yakimenko regarding the constitutionality of Articles 19.6.1, 19.6.5, 389.3.2 of the Civil Procedure Code of Ukraine;
• The private enterprise “General Construction Management” regarding the constitutionality Articles 321.2.2, 321.3 of the Commercial Procedure Code of Ukraine.
The Court will proceed with their consideration at one of the next plenary sessions.
Moreover, the Second Senate in the cases upon the constitutional complaints of Petro Kontorskyi regarding Articles 4.2.1.7, 8.1 of the Law of Ukraine “On Court Fee” and Bohdan Panchenko regarding the constitutionality of Article 51.1.9, paragraph 5-1.1 of Section XIII “Transitional Provisions” of the Law of Ukraine “On the Prosecution Office” No. 1697-VII dated October 14, 2014 determined written proceedings as the form of deliberation.
On the same day, sessions of the boards of judges of the First and Second Senates were held. The judges deliberated the issues regarding initiating of constitutional proceedings in cases upon constitutional complaints of:
• Yaroslav Demchuk regarding the constitutionality of Article 3.2 of the Law of Ukraine “On the Use of Defence Lands”;
• Law bureau of “Denys Neviadomskyi at the All-Ukrainian Association of Retired Judges” regarding the constitutionality of Articles 44.2.1, 44.3, 44.4, 144.1.5, 148.1.2, 148.3, 148.4.2 of Civil Procedure Code of Ukraine;
• Anatolii Havrysh on the constitutionality of Articles 287, 333.3 of the Code of Administrative Procedure of Ukraine;
• TECHNOCHEMREAGENT Limited Liability Company regarding constitutionality of specific provisions of Article 231.2 of the Commercial Code of Ukraine.
According to the results of the deliberation, the board of judges refused to initiate constitutional proceedings in the specified cases.
