Sessions of the First and Second Senates of the Court and the Board of Judges Took Place

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On Wednesday, February 16, the First Senate at its plenary session adopted Ruling on joining the constitutional proceedings in the case upon constitutional complaint of Ihor Melnychuk regarding the constitutionality of Article 86.1 of the Law of Ukraine „On the Prosecutor’s Office“ of October 14, 2014 № 1697-VII and in the case upon the constitutional complaints of Antonina Bolotnikova regarding the constitutionality of the provisions of the sixth line of Article 86.15 of the Law of Ukraine „On the Prosecutor’s Office“ of October 14, 2014 № 1697-VII, Article 2 of the Law of Ukraine „On Measures for Legislative Support for the Pension System Reform“ of July 8, 2011 No. 3668-VI, and Hanna Raykun regarding the constitutionality of certain provisions of Article 2 of the Law of Ukraine „On Measures for  Legislative Support for the Pension System Reform“ of July 8, 2011 No. 3668-VI, the first sentence of the sixth line of Article 86.15 of the Law of Ukraine „On the Prosecutor’s Office“ of October 14, 2014 No. 1697-VII.

The First Senate at its session considered the issues of determining the form of constitutional proceedings in the cases upon the constitutional complaints.

In particular, in the case upon the constitutional complaint of Mykhailo Borodkin regarding the constitutionality of the provision of the second line of Article 9.1 of the Law of Ukraine „On the State Bureau of Investigation“, and in the case upon the constitutional complaint of Vitaliy Kovbasiuk regarding the constitutionality of certain provisions of Article 2 of the Law of Ukraine „On Measures for Legislative Support for the Pension System Reform“ of July 8, 2011 № 3668–VI, first sentence of the sixth line of 86.15 of the Law of Ukraine „On the Prosecutor’s Office“ of October 14, 2014 № 1697–VII the Rulings on consideration of the cases in the form of written proceedings were adopted.

At the public part of the plenary sessions of the Second Senate in the form of written proceedings there were considered the following cases:

- upon the constitutional complaint of citizen of Ukraine Ihor Hubko regarding the constitutionality of a separate provision of Article 361.5.1 of the Code of Administrative Procedure of Ukraine;

- upon the constitutional complaint of Liudmyla Solomakha regarding the constitutionality of the provisions of Article 142.3 of the Law of Ukraine „On the Judiciary and Status of Judges“ of June 2, 2016 № 1402-VIII.

The Second Senate completed the study of the materials of these cases in the public part and proceeded to the in-camera part of the plenary.

The Second Senate at its plenary sessions deliberated the cases upon the constitutional complaint of Oleksandr Krotiuk regarding the constitutionality of the provisions of Article 284.1.4 of the Criminal Procedure Code of Ukraine. Under the deliberation of the Second Senate was also the case upon the constitutional complaint of citizen of the Russian Federation Polina Margo regarding the constitutionality of the provisions of paragraph 1 of part five, part seven of Article 454 of the Civil Procedure Code of Ukraine.

The further deliberation of these cases will take place at one of the next plenary sessions.

In addition, the Second Senate considered the issue regarding the initiation of constitutional proceedings in the case upon the constitutional complaint of Larysa Bobyr on the constitutionality of certain provisions of Article 58.6 of the Law „On Banks and Banking Activities“. The Second Senate will continue to deliberate this case at a forthcoming session.

The Second Senate at its session adopted the Ruling on consideration of case upon the constitutional complaint of Valeriia Burbak regarding the constitutionality of provisions of Article 142.3 of the Law of Ukraine „On the Judiciary and Status of Judges“ of 2 June 2016-№ 1402-VIII in the form of written proceedings.

The Ruling was also adopted on temporary involvement of a Judge of the Constitutional Court of Ukraine to the composition of the First Board of Judges of the Second Senate which is not competent due to its composition from another Board of the same Senate.

The same day, the First Board of Judges of the First Senate adopted the Ruling on refusal to initiate constitutional proceedings (final) in the case upon the constitutional complaint of Iryna Tkachova regarding the constitutionality of the provisions of subparagraph 2 of paragraph 1, the tenth line of subparagraph 41 of paragraph 21 of Section I, paragraph 6, the first line of paragraph 7, subparagraph 1 of paragraph 19 of Section II „Final and Transitional Provisions“ of the Law of Ukraine „On Amendments to Certain Legislative Acts of Ukraine Concerning Priority Measures to Reform the Prosecutor’s Office“.

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