04/09/2025

On September 3, 2025, the Second Senate, in the public part of the plenary session, deliberated the case upon the constitutional complaint of Yuriy Tsvirkun in the form of written proceedings.

During the plenary session, the judge-rapporteur in the case, Galyna Yurovska, noted that the complainant had appealed to the Constitutional Court of Ukraine to verify compliance of paragraphs 14-3 and 14-4.1, 14-4.2 of Section XII “Final and Transitional Provisions” of the Law of Ukraine “On the Judiciary and the Status of Judges” dated June 2, 2016 No. 1402–VIII, as amended (hereinafter, the “Law”).with Articles 8.1, 8.2, 19.2, 24.1, 24.2, 41.1, 41.4, 126.1 of the Constitution of Ukraine.

Substantiating the constitutional complaint, the author of the complaint believes that these legislative provisions are unconstitutional, since they violate the principles of non-discrimination, unity of the status of judges, and constitutional guarantees of their independence.

The judge-rapporteur also informed that in order to ensure a full and objective deliberation of the case and the delivery of a reasoned decision by the Court, she sent requests to the Legal Directorate of the Court Secretariat, bodies of state power and higher education establishments with a request to provide their positions on the issues raised in the constitutional complaint.

The Court examined the case materials in the public part of the plenary session and proceeded to the in-camera part for a decision.

The subject of the right to a constitutional complaint, Yuriy Tsvirkun, attended the plenary session.

The public part of the plenary session is available on the official website of the Court in the section “Archive of video broadcasts of sessions”.