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The Constitutional Court of Ukraine Consolidated Proceedings Regarding the Constitutionality of Article 423 of the Civil Procedure Code of Ukraine
The Grand Chamber of the Constitutional Court of Ukraine, by its ruling of October 1, 2024, No. 8-уп/2024, decided to consolidate constitutional proceedings in the cases of constitutional complaints filed by Vіacheslav Yuriyovych Pleskach, Mykyta Ihorovych Yevstifeyev, and Volodymyr Petrovych Yakimenko. All complaints concern the compliance of the first part of Article 423 of the Civil Procedure Code of Ukraine with the Constitution of Ukraine (constitutionality).
Essence of the Complaints
The applicants challenge the constitutionality of the first part of Article 423 of the Civil Procedure Code of Ukraine, which regulates certain aspects of civil procedure. All three complaints relate to the same issue, namely the compliance of this article with the norms of the Constitution of Ukraine.
Preliminary Decisions of the Senate of the Constitutional Court
Previously, the Second Senate of the Constitutional Court of Ukraine, by its ruling of June 5, 2024, No. 10-уп(II)/2024, consolidated constitutional proceedings concerning two constitutional complaints filed by Vіacheslav Yuriyovych Pleskach regarding the same article.
Additionally, the First Senate of the Constitutional Court of Ukraine, by its ruling of September 11, 2024, No. 13-у(I)/2024, consolidated proceedings concerning the constitutional complaints of Mykyta Ihorovych Yevstifeyev and Volodymyr Petrovych Yakimenko regarding the same norm.
Justification for Consolidating Proceedings
According to the first paragraph of the first part of Article 76 of the Law of Ukraine “On the Constitutional Court of Ukraine,” if the Court receives several petitions concerning the same issue or interrelated issues, and constitutional proceedings have been opened regarding them, they may be consolidated into one.
The Grand Chamber conducted a comparative analysis of the content of the constitutional complaints and established that all of them pertain to the constitutionality of the first part of Article 423 of the Civil Procedure Code of Ukraine. Thus, it was decided to consolidate the proceedings to ensure the efficiency and completeness of the case review.
Decision of the Grand Chamber
- Consolidation of Proceedings: The constitutional proceedings concerning the complaints of Vіacheslav Yuriyovych Pleskach, Mykyta Ihorovych Yevstifeyev, and Volodymyr Petrovych Yakimenko have been consolidated into one constitutional proceeding.
- Transfer of the Case: The case has been transferred for consideration to the Second Senate of the Constitutional Court of Ukraine.
- Appointment of Reporting Judges: Judges Viktor Valentynovych Horodovenko and Halyna Valentynivna Yurovskaya of the Constitutional Court of Ukraine have been appointed as reporting judges in this case.
Composition of the Grand Chamber in Adopting the Decision
- Viktor Vasylovych Kryvenko (Chair of the Meeting)
- Viktor Valentynovych Horodovenko (Reporting Judge)
- Oksana Viktorivna Hryshchuk
- Viktor Ivanovych Kychun
- Viktor Pavlovych Kolisnyk
- Vasyl Vasylovych Lemak
- Volodymyr Romanovych Moisyk
- Alla Serhiivna Oliinyk
- Oleh Oleksiyovych Pervomaiskyi
- Oleksandr Vitaliyovych Petryshyn
- Serhiy Vasylovych Riznyk
- Petro Todosiovych Filuk
- Halyna Valentynivna Yurovskaya (Reporting Judge)
Legislative Basis for the Decision
The ruling refers to the articles of the Constitution of Ukraine (in particular, Article 153) and the articles of the Law of Ukraine “On the Constitutional Court of Ukraine” (Articles 32, 35, 55, 56, 59, 65, 66, 76, 86). The provisions of the Rules of Procedure of the Constitutional Court of Ukraine (§ 50, § 53) were also taken into account.
Next Steps
Following the consolidation of proceedings, the case will be considered by the Second Senate of the Constitutional Court of Ukraine. The reporting judges will prepare materials for review, after which the Court will make a decision regarding the constitutionality of the contested norm.
Significance of the Decision
The consolidation of proceedings will allow the Constitutional Court to comprehensively and effectively examine the issue of the constitutionality of the first part of Article 423 of the Civil Procedure Code of Ukraine, taking into account the arguments of all applicants.
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