Skip to content Skip to sidebar Skip to footer
Ваш AI помічникНовий чат
    Open chat icon

    Separate Opinion (Partially Dissenting) of Judge of the Constitutional Court of Ukraine Oleh Pervomaiskyi in the case regarding the constitutional complaint of Hnezdilov Serhii Oleksiiovych on the compliance with the Constitution of Ukraine (constitutionality) of part eight of Article 176, paragraph eight of part four of Article 183 of the Criminal Procedure Code of Ukraine

    Here is my vision of the situation after analyzing the provided document:

    1. **Essence of the document:** This is a dissenting opinion of Judge of the Constitutional Court of Ukraine Oleh Pervomaiskyi regarding the Ruling on the refusal to open constitutional proceedings on the constitutional complaint of Hnezdilov Serhii Oleksiiovych. The judge disagrees with the refusal to open proceedings regarding one of the challenged provisions of the Criminal Procedure Code of Ukraine.

    2. **Structure and main provisions:**
    * The document contains information about the Ruling of the Constitutional Court refusing to open constitutional proceedings on the complaint of Hnezdilov S.O. regarding the constitutionality of part eight of Article 176 and paragraph eight of part four of Article 183 of the Criminal Procedure Code of Ukraine.
    * Judge Pervomaiskyi expresses disagreement with the Ruling regarding the part concerning part eight of Article 176 of the Code, as he believes that constitutional proceedings have already been opened on the same complaint.
    * He also raises questions about the procedure for reviewing constitutional complaints, in particular, whether the existence of constitutional proceedings is grounds for refusing to open other proceedings on the same subject matter.

    3. **Key provisions relevant for use:**
    * The document refers to part eight of Article 176 of the Criminal Procedure Code of Ukraine, which concerns preventive measures for military personnel during martial law.
    * It refers to the practice of the Constitutional Court regarding the consideration of the constitutionality of certain provisions of Article 176 of the Code.
    * Issues are raised regarding the observance of the right to a constitutional complaint and the effectiveness of the procedure for reviewing such complaints by the Constitutional Court.

    I hope this helps you better understand the essence of this document!

    Full text by link

    E-mail
    Password
    Confirm Password
    Lexcovery
    Privacy Overview

    This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.