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DECISION OF THE SECOND SENATE OF THE CONSTITUTIONAL COURT OF UKRAINE

of March 1, 2023 No. 2-r (II)/2023

On case on the constitutional claim of Pleskacha Vyacheslav Yuryevich concerning compliance of the Constitution of Ukraine (constitutionality) of instructions of part one of Article 294, parts six of article 383 of the Code of administrative legal proceedings of Ukraine (concerning equality of participants during judicial control of execution of the judgment)

(Extraction)

Case No. 3-27/2022(54/22)

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,

Yurovskaya Galina Valentinovna,

considered at plenary meeting case on the constitutional claim of Pleskacha Vyacheslav Yuryevich concerning compliance of the Constitution of Ukraine (constitutionality) of instructions of part one of Article 294, to part six of article 383 of the Code of administrative legal proceedings of Ukraine.

Having heard Golovaty S. P. judge-speaker and having researched case papers, in particular the line items stated by the President of Ukraine, the Verkhovna Rada of Ukraine. Ministry of Justice of Ukraine. Center of political and legal reforms, scientific Academies of legal profession of Ukraine. Donetsk national university of Vasily Stus, Institute of the state and right of V. M. Koretsky of National academy of Sciences of Ukraine, Lviv national university of Iván Franco, Odessa national university of I. I. Mechnikov, educational and scientific institute of the right of the Kiev national university of Taras Shevchenko, National university "Odessa Legal Academy", Yuriy Fedkovych Chernivtsi National University, Constitutional Court of Ukraine

accepted:

1. Recognize not corresponding to the Constitution of Ukraine (are unconstitutional), instructions of part one of Article 294, parts six of article 383 of the Code of administrative legal proceedings of Ukraine that they make impossible appeal appeal of determination of court about leaving without allowance of the application given procedure for article 383 of the Code of administrative legal proceedings of Ukraine.

2. Instructions of part one of Article 294, of part six of article 383 of the Code of administrative legal proceedings of Ukraine that they make impossible appeal appeal of determination of court about leaving without allowance of the application given according to the procedure of article 383 of the Code of administrative legal proceedings of Ukraine are recognized as unconstitutional, lose force from the date of adoption of this decision.

3. To the Verkhovna Rada of Ukraine to bring the normative regulation established by instructions of part one of Article 294, of part six of article 383 of the Code of administrative legal proceedings of Ukraine into compliance with the Constitution of Ukraine and this decision.

4. The solution of the Constitutional Court of Ukraine is obligatory, final and cannot be appealed.

The solution of the Constitutional Court of Ukraine is subject to publication in "the Messenger of the Constitutional Court of Ukraine".

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