New Law on Constitutional Court of Ukraine Enters into Force
Avellum Partners, Kyiv, Ukraine,
Thu, Aug, 10, 2017
On 3 August 2017 a new Law of Ukraine “On Constitutional Court of Ukraine” (the “Law”) entered into force. The Law establishes fundamental operation principles for the Constitutional Court of Ukraine (the “Constitutional Court”) and regulates constitutional proceedings. In particular, the Law envisages the procedure for filing and consideration of constitutional petitions.
A legal entity or an individual (the “Applicant”) may file such petition with the Constitutional Court if the Applicant believes that a court applied a law (or its separate provision), which contradicts the Constitution of Ukraine, when considering the Applicant’s case.
Requirements to Constitutional Petition
The Applicant’s constitutional petition must comply with the following requirements:
- a final decision in the Applicant’s case has entered into force
- the Applicant has exhausted all available domestic remedies
- a final decision in the Applicant’s case entered into force after 30 September 2016
- the constitutional petition must be filed within three months after the final decision in the Applicant’s case entered into force
- the constitutional petition related to a case, the final decision in which entered into force after 30 September 2016 but before the Law entered into force, may be filed with the Constitutional Court within three months following the latter date, i.e. by 3 November 2017
Even if the Applicant fails to meet the 3-month deadline, the Constitutional Court may still consider the constitutional petition if it finds such petition to be of significant public concern.
Interim Measures in Support of Constitutional Petition
While considering the constitutional petition, the Constitutional Court may impose a restraining injunctive relief.
Decision of Constitutional Court
Following consideration of the constitutional petition, the Constitutional Court may declare a law of Ukraine (or its separate provisions) unconstitutional.
The decision of the Constitutional Court is final and not subject to appeal. Such decision may serve as a ground for reconsideration of the negative decision in the Applicant’s case due to newly discovered circumstances.