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DECISION OF THE SECOND SENATE OF THE CONSTITUTIONAL COURT OF UKRAINE

of July 18, 2024 No. 8-r (II)/2024

On case on the constitutional claims of Onishchenko Ruslan Ilyich, Gavrilyuk Dmitry Mikhaylovich concerning compliance of the Constitution of Ukraine (constitutionality) of part six of Article 615 of the Criminal Procedure Code of Ukraine (case on guarantees of judicial control of observance of the rights of persons who are held in custody) (Extraction)

Case No. 3-88/2022(205/22, 114/24)

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

Moysik Vladimir Romanovich (chairman of meeting),

Gorodovenko Victor Valentinovich (speaker),

Lemak Vasily Vasilyevich (speaker),

May Day Oleg Alekseevich,

Riznik Sergey Vasilyevich,

Yurovskaya Galina Valentinovna,

considered at plenary meeting case on the constitutional claims of Onishchenko Ruslan Ilyich, Gavrilyuk Dmitry Mikhaylovich concerning compliance of the Constitution of Ukraine (constitutionality) of part six of Article 615 of the Criminal Procedure Code of Ukraine.

Having heard Lemak V. V. judges-speakers, Gorodovenko V. V. and having researched case papers, in particular line items which stated: Chairman of the Verkhovna Rada of Ukraine Stefanchuk R. A., Prime Minister of Ukraine Shmygal D. A., scientists: National legal university of Yaroslav Mudry - the doctor of jurisprudence, professor Kaplina A. V., the state higher educational institution "Uzhhorod national university" - Candidate of Law Sciences, associate professor Gorinetsky I. I., the Kiev national university of Taras Shevchenko - Candidate of Law Sciences, associate professor Kostyuchenko A. Yu., and special adviser of the Constitutional Court of Ukraine Alexander to Tenasa,

Constitutional court of Ukraine

established:

1. Recognize not the relevant Constitution of Ukraine (is unconstitutional), part the sixth Article 615 of the Criminal Procedure Code of Ukraine.

2. The part six of Article 615 of the Criminal Procedure Code of Ukraine recognized as unconstitutional loses force in three months from the date of acceptance by the Constitutional Court of Ukraine of this decision.

3. To the Verkhovna Rada of Ukraine to give the normative regulation established by part six of Article 615 of the Criminal Procedure Code of Ukraine which is acknowledged unconstitutional, in 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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