On Wednesday, May 24, 2023, the First Senate of the Constitutional Court, at the public part of the plenary session in the form of written proceedings, deliberated the case upon the constitutional complaint of Bohdan Chehel regarding the constitutionality of Article 87.3.1.2 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 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 (hereinafter referred to as “Law No. 440”).
Judge-rapporteur in this case Petro Filiuk informed that the applicant requested the Constitutional Court of Ukraine to examine compliance of Article 87.3.1.2 of Law No. 889 as amended by the Law No. 440 with parts 1 and 2 of Article 8, Articles 22, 38, 43, 64 of the Constitution of Ukraine, as he considered the disputed provision to be the one that led to the narrowing of the content and scope of his constitutional right to labour and the right to access public service. To confirm his position, Bohdan Chehel refers to the Constitution of Ukraine, the laws of Ukraine, the decisions of the Constitutional Court of Ukraine and court decisions in his case.
The judge-rapporteur also stated that other cases with the same subject of appeal were pending before the First Senate.
The court examined the case files in the public part and proceeded to the in-camera part for a decision.
The public part of the plenary session was attended by the Permanent Representative of the Verkhovna Rada of Ukraine at the Constitutional Court of Ukraine Maksym Dyrdin and the representative of the subject of constitutional rights, lawyer Yevhen Oziumenko.
The public part of the plenary session is available at the link: https://ccu.gov.ua/kategoriya/2023.
