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Ruling of the Second Senate of the Constitutional Court of Ukraine on Refusal to Open Constitutional Proceedings in the Case of the Constitutional Complaint by Leonid Ivanovych Pashkovskyi Regarding the Compliance with the Constitution of Ukraine (Constitutionality) of Paragraph 3 of Part Two of Article 40 of the Housing Code of Ukraine

The Constitutional Court of Ukraine refused to open proceedings on the complaint of citizen Pashkovsky L.I. regarding the constitutionality of paragraph 3 of part two of Article 40 of the Housing Code of Ukraine, which regulates removal from housing registration upon termination of employment. Structurally, the ruling consists of 4 main parts: 1) description of the applicant’s complaint; 2) circumstances of the case; 3) applicant’s position; 4) legal position of the Constitutional Court. The CCU established that the applicant did not formally prove the causal relationship between the contested norm and the violation of his constitutional rights. Key provisions of the ruling: 1) a constitutional complaint must contain a specific substantiation of the violation of constitutional rights; 2) a direct causal relationship between the application of the law and the violation of rights must be proven; 3) exclusion from the institution’s control list is not equivalent to removal from housing registration at the place of residence.

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