Procedure for Admission to the Court

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PROCEDURE FOR ADMISSION TO THE CONSTITUTIONAL COURT OF UKRAINE AND COURTROOMS

According to Article 6 of the Law of Ukraine "On the Constitutional Court of Ukraine" (hereinafter referred to as the Law), cases shall be heard in public at the plenary sessions of the Grand Chamber of the Constitutional Court of Ukraine (hereinafter referred to as the Grand Chamber), the Senate of the Constitutional Court of Ukraine (hereinafter referred to as the Senate), except the in-camera part of these sessions.

Persons wishing to attend the public part of the plenary session of the Grand Chamber, the Senate, shall be allowed in the premises of the Constitutional Court of Ukraine (hereinafter referred to as the Court) and to the Courtroom in the manner prescribed by the Rules of Procedure.

The Court shall consider cases in respect of which the constitutional proceedings have been initiated under a written or oral procedure. The form of proceedings is determined by the Senate, the Grand Chamber (Article 64 of the Law).

Pursuant to § 68 of the Rules of Procedure of the Court, the Procedure for Admission to the Court's premises and to the Courtrooms is determined:

1. General rules for admission to the Court premises of officials and officials of state bodies, local authorities, enterprises, institutions, organisations, citizens of Ukraine, foreigners, stateless persons shall be established by the Procedure for admission to the objects of the Constitutional Court, approved by the order of the Chairman of the Court.

2. Participants in constitutional proceedings, external participants in constitutional proceedings, representatives of the media, other persons wishing to attend the public part of the plenary session of the Senate or the Grand Chamber shall be admitted to the premises of the Court according to the lists that are submitted to the Court Security Unit in accordance with the Procedure for admission to the objects of the Constitutional Court after presentation of the passport, and representatives of the mass media – of the passports and journalists' identification certificates. The said persons have the right to be present at the Court premises and courtroom sessions with cinema, photo, audio and video equipment, laptops, tablets, and mobile phones with autonomous power.

3. Persons in the Court premises are obliged to adhere to the Internal workplace regulations at the Constitutional Court.

4. In the premises of the Court there shall not be allowed:

1) persons who evade control over safety;

2) persons with weapons, except for persons specified in the Procedure for admission to the objects of the Constitutional Court;

3) visitors with the means of individual communication, cinema, photo, audio and video equipment, computer equipment, as well as suitcases, household bundles, portfolios, folders of large sizes not specified in the pass order;

4) visitors with substances (objects) that have a sharp smell, are explosive or flammable;

5) visitors with obvious signs of mental illness, alcohol or narcotic intoxication, with animals.

5. Persons wishing to be present at the public part of the plenary session of the Senate or the Grand Chamber shall be admitted to the Courtroom before the beginning of the session or during a break.

 

According to Article 73 of the Law:

- any use of means of mobile communications during plenary sessions shall not be permitted;

- participants in constitutional proceedings, interpreter, witness, specialist, expert, other participants in constitutional proceedings engaged by the Constitutional Court to participate in the case, for disrespect to the Constitutional Court which has manifested in malicious evasion of appearance to the session, a plenary session of the Senate or the Grand Chamber of the Constitutional Court, or in non-compliance by these or other persons with the orders issued by the Presiding Judge, or in breach of order during such hearings, as well as other persons present in the Courtroom (except the Judges of the Constitutional Court) for committing any actions that evidence clear contempt of the Constitutional Court, shall be held liable as provided for by law;

- order in the Courtroom shall be maintained by the office of Court administrators;

- where ordered by the Senate or the Grand Chamber, a court administrator shall expel the offender from the Courtroom.

Information on the day and time of the public part of the plenary session of the Senate, the Grand Chamber is uploaded on the official website of the Court (www.ccu.gov.ua).

Persons wishing to attend the plenary sessions of the Grand Chamber must table a motion before the beginning of the examination of the case.

The motion must contain the following information:

- last name, first name, patronymic of the person wishing to be present at the plenary session;

- contact phone.

The court administrator determines the seat for the persons to be present in the Courtroom.

The motion shall be sent by mail to the address: Ukraine, 01033, Kyiv, 14, Zhylianska street, or by e-mail to inbox@ccu.gov.ua or sent to the Office of Documentary Support of the Secretariat of the Constitutional Court of Ukraine.

Admission of persons to the premises of the Court is carried out upon presentation of a passport or other identity document and in accordance with the Procedure for admission to the facilities of the Court.

Persons who have not submitted a motion in time or have not duly executed it, do not have identity documents, are not admitted to the Court.

 

Developed with the support of OSCE Project Co-ordinator in Ukraine
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