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DECISION OF THE SECOND SENATE OF THE CONSTITUTIONAL COURT OF UKRAINE

of February 14, 2024 No. 1-r (II)/2024

On case on the constitutional claim of General Construction Management Private enterprise on compliance of the Constitution of Ukraine (constitutionality) of Item 2 parts two, parts three of Article 321 of the Economic Procedure Code of Ukraine (concerning guaranteeing protection of the rights and freedoms of person according to the decision of the European Court of Human Rights)
(Extraction)

Case No. 3-41/2023(87/23)

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

Golovaty Sergey Petrovich (chairman of meeting),

Gorodovenko Victor Valentinovich,

Lemak Vasily Vasilyevich,

Moysik Vladimir Romanovich (speaker),

May Day Oleg Alekseevich,

Yurovskaya Galina Valentinovna,

considered at plenary meeting case on the constitutional claim of General Construction Management Private enterprise on compliance of the Constitution of Ukraine (constitutionality) of Item 2 parts two, parts third of Article 321 of the Economic Procedure Code of Ukraine.

Having heard the judge-speaker Moysik V. R. and having researched case papers, in particular line items which stated: President of Ukraine Zelensky V. A., Chairman of the Verkhovna Rada of Ukraine Stefanchuk R. A., Prime Minister of Ukraine Shmygal D. A., Minister of Justice of Ukraine Malyuska D. L., Chairman of the Supreme Court Kravchenko S. I., scientists: National legal university of Yaroslav Mudry - the head of the department of civil justice and legal profession, the doctor of jurisprudence, professor Gusarov of K. V., the Kiev national university of Taras Shevchenko assistant of department of the economic right and economic legal proceedings, Candidate of Law Sciences Hudenko A. O.,

Constitutional court of Ukraine

established:

1. Recognize not corresponding to the Constitution of Ukraine (are unconstitutional), Item 2 parts two, part as third of Article 321 of the Economic Procedure Code of Ukraine in what they make impossible: 1) submission of statements for review of the judgment in connection with adoption of the decision by the European Court of Human Rights after ten years from the date of the introduction in legal force of the decision of Domestic court; 2) renewal of term by court on filing of application about review of the decision of Domestic court.

2. Instructions of Item 2 parts two, the parts third of Article 321 of the Economic Procedure Code of Ukraine recognized unconstitutional in the specified aspect lose force in six months from the date of acceptance by the Constitutional Court of Ukraine of this Decision.

3. 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".

Second senate of the Constitutional Court of Ukraine

 

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