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DECISION OF THE SECOND SENATE OF THE CONSTITUTIONAL COURT OF UKRAINE

of April 6, 2022 No. 2-r (II)/2022

On case on the constitutional claim of Margo Polina Aleksandrovna on compliance of the Constitution of Ukraine (constitutionality) of Item of 1 part five, part seven of Article 454 of the Code of civil procedure of Ukraine

Case No. 3-9/2019(206/19)

The second senate of the Constitutional Court of Ukraine in structure:

Golovaty Sergey Petrovich (chairman of meeting, speaker),

Gorodovenko Victor Valentinovich,

Lemak Vasily Vasilyevich,

Moysik Vladimir Romanovich,

May Day Oleg Alekseevich,

Slidenko Igor Dmitriyevich,

Yurovskaya Galina Valentinovna,

considered case on the constitutional claim of Margo Polina Aleksandrovna on compliance of the Constitution of Ukraine (constitutionality) of Item of 1 part five, part seven of Article 454 of the Code of civil procedure of Ukraine at plenary meeting.

Having heard Golovaty S. P. judge-speaker and having researched case papers, including line items which stated the deputy minister of justice of Ukraine Smachilo I. V.; scientists of Research institution of private law and entrepreneurship of name of the academician F. G. Burchak of National academy of legal sciences of Ukraine - the senior research associate of department of jurisdictional forms of legal protection of subjects of private law, Candidate of Law Sciences Getmantsev M. A., the Kiev national university of Taras Shevchenko - professor of department of justice of law department, the doctor of jurisprudence Prityka Yu. D., National legal university of Yaroslav the Wise - the associate professor of civil process, Candidate of Law Sciences, associate professor Rozhnov A. V., associate professor of civil process, Candidate of Law Sciences, associate professor Sakara N. Yu. the Khmelnytskyi university of management and the right of Leonid Yuzkov - professor of department of the civil law and process Bondarenko-Zelinskaya N. L., the Uzhhorod national university - the dean of law department, the doctor of jurisprudence, professor Lazur Ya. V., associate professor of the economic right, Candidate of Law Sciences Roshkanyuk V. M.; the director of Research institution of the comparative public law and international law of the Uzhhorod national university - the doctor of jurisprudence, professor Savchin M. V.; the national adviser for legal issues of the Project coordinator of OSCE in Ukraine, Candidate of Law Sciences Vodyannikov A. Yu., Constitutional Court of Ukraine

established:

1. Margo Polina Aleksandrovna with the petition appealed to the Constitutional Court of Ukraine to consider question of compliance of the Constitution of Ukraine (constitutionality) of Item of 1 part five, part seven of Article 454 of the Code of civil procedure of Ukraine (further - the Code).

According to Item of 1 part five of article 454 of the Code the statement for cancellation of the decision of reference tribunal moves within ninety days "the party, the third party on the case considered by reference tribunal - from the date of decision making by reference tribunal".

According to part seven of article 454 of the Code "the application submitted after the term established by parts five or the sixth this Article returns".

The author of the petition claims that Item of 1 part five, part seven of article 454 of the Code there do not correspond Article parts three 22, to parts one, the second Article 55, of Article part one 64, to Items 1, of 3, 8 parts two of article 129 of the Constitution of Ukraine.

1.1. The Ukrsotsbank public joint stock company (further - Bank) on February 15, 2008 concluded with Margo P. A. the guarantee agreement according to which she undertook the obligation to Bank solidary to be responsible for execution of credit agreement obligations of the credit No. 334/08/8-K by Zhavzharov R. S. of February 15, 2008.

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