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DECISION OF THE SECOND SENATE OF THE CONSTITUTIONAL COURT OF UKRAINE

of June 8, 2022 No. 3-r (II)/2022

On case on the constitutional claim of Krotyuk Alexander Vladimirovich concerning compliance of the Constitution of Ukraine (constitutionality) of item 4 of part one of Article 284 of the Criminal Procedure Code of Ukraine (case on presumption of innocence)

Case No. 3-20/2021 (40/21)

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

Golovaty Sergey Petrovich (chairman of meeting),

Gorodovenko Victor Valentinovich (speaker),

Lemak Vasily Vasilyevich,

Moysik Vladimir Romanovich,

May Day Oleg Alekseevich,

Slidenko Igor Dmitriyevich,

Yurovskaya Galina Valentinovna,

considered at plenary meeting case on the constitutional claim of Krotyuk Alexander Vladimirovich concerning compliance of the Constitution of Ukraine (constitutionality) of item 4 of part one of Article 284 of the Criminal Procedure Code of Ukraine.

Having heard the judge-speaker Gorodovenko V. V. and having researched case papers, including line items which stated the President of Ukraine Zelensky VA., Chairman of the Verkhovna Rada of Ukraine Stefanchuk R. A., Representative of the Verkhovna Rada of Ukraine for human rights of Denisov L. L., Attorney-General of Venediktov I. V., Chairman of the Supreme Court Knyazev V. S., and also scientists: The Kiev national university of Taras Shevchenko - the head of the department of criminal procedure and criminalistics of educational and scientific institute of the right, the associate professor, Candidate of Law Sciences Kostyuchenko A. Yu.; National legal university of Yaroslav the Wise - the head of the department of criminal procedure, professor, the doctor of jurisprudence Kaplina A. V., associate professor of criminal procedure, doctor of jurisprudence Drozdov A. N.; National university "Odessa Legal Academy" - the head of the department of criminal procedure, detective and operational search activities, professor, the doctor of jurisprudence Arkusha L. I., associate professor, doctor of jurisprudence Torbas A. A., associate professor, Candidate of Law Sciences Voloshina V. K., associate professor, Candidate of Law Sciences Stoyanov M. M., associate professor, Candidate of Law Sciences Shilin D. V., Candidate of Law Sciences Zavtur V. A.; National academy of internal affairs - the vice rector, professor, the doctor of jurisprudence Chernyavsky S. S., the leading researcher of scientific laboratory for problems of counteraction of crime of educational and scientific institute No. 1, professor, the doctor of jurisprudence A.V. Ram, the leading expert of department of analytical work and the organization of management, professor, the doctor of jurisprudence Berestova I. E., Constitutional Court of Ukraine

established:

1. Krotyuk A. V. appealed to the Constitutional Court of Ukraine with the petition to check for compliance of the Constitution of Ukraine (constitutionality) item 4 of part one of Article 284 of the Criminal Procedure Code of Ukraine (further - the Code) according to which criminal proceedings are closed if "the law which cancels criminal liability for the act which is commited by person became effective".

The author of the petition considers that the challenged instruction of article 284 of the Code does not correspond to parts one, the second article 62 of the Constitution in interrelation with part one of its Article 8, as "breaks presumption of innocence of person, allowing to close criminal proceedings concerning the suspect or the person accused without <...> proper proof and establishment of reality of the fact of primary making of the corresponding act by person, and also <...> without consent to implementation of such closing with person, in comparison with the cases of closing of criminal proceedings performed according to requirements of Item of 1 part two and part eight of article 284 Code of Criminal Procedure of Ukraine".

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