On Tuesday, November 7, 2023, the Grand Chamber, in the in-camera part of the plenary sessions, proceeded with deliberation of cases upon the constitutional petitions of:
– 51 People's Deputies of Ukraine regarding the constitutionality of the provisions of Section I, paragraph 2.1.2 of Section II of the Law of Ukraine “On repealing the Law of Ukraine “On the list of state property objects not subject to privatization”;
– the Supreme Court regarding the constitutionality of paragraph 3 of Section III “Final and Transitional Provisions” of the Law of Ukraine “On repealing the Law of Ukraine “On the list of state property objects not subject to privatization”.
The Court will proceed with their deliberation at one of the next plenary sessions.
The Grand Chamber merged into one constitutional proceeding the cases upon the constitutional complaints of Oleh Koretskyi regarding the constitutionality of the second sentence of subparagraph 3 of paragraph “c” of paragraph 3.106 of Section II “Final and Transitional Provisions” of the 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 and Ihor Stefurak, Serhiy Palatov, Bohdan Chehel, Oleksandr Bredun, Oksana Tykhovska regarding the constitutionality Article 87.3.1.2 of the Law of Ukraine “On Public Service” dated December 10, 2015 No. 889-VIII in the wording of the 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.
On the same day, sessions of the boards of judges of the First and Second Senates took place. The judges deliberated the issue of initiating constitutional proceedings in cases upon constitutional complaints.
According to the results of the deliberation, the board of judges refused to initiate constitutional proceedings in cases upon constitutional complaints of:
– Mykhailo Noniak regarding the constitutionality of the provisions of Articles 83.1.4, 83.2, 87¹ of the Law of Ukraine “On Public Service” dated December 10, 2015 No. 889-VIII as amended by the Law of Ukraine “On Amending Certain Laws of Ukraine Related to Restarting Governing Institutions” dated September 19, 2019 No. 117-IX, Articles 340.1.3, 343.3, 343.4, 343.5 of the Code of Administrative Procedure of Ukraine;
- the Religious community (parish) of St. Nicholas of the Ukrainian Greek-Catholic Church of the village of Viktoriv, Halytskyi district, Ivano-Frankivsk region, regarding the constitutionality of Articles 236.4, 242.5, 242.6, 288.2, 293.4.1, 302.1, 302.2, 302.3, 303.1, 303.2 of the Commercial Procedure Code of Ukraine;
- Valentyn Pavlov regarding the constitutionality of Article 328.4 of the Code of Administrative Procedure of Ukraine;
- Serhii Brodovyi regarding the constitutionality of the provisions of the Articles 214.1, 424.4, 425.1 of the Criminal Procedure Code of Ukraine.
At the same time, the board of judges initiated constitutional proceedings in the case upon the constitutional complaint of Volodymyr Tymoshenko regarding the constitutionality of an individual provision of Article 361.5.1 of the Code of Administrative Procedure of Ukraine. Issues related to the constitutional proceedings in the case will be deliberated by the judges at the session of the First Senate.
