COURT VERIFICATION AT THE PREPARATORY SESSION OF THE DEFENDANTS COMPLAINTS IN THE PROCEDURE OF PART 2 OF ARTICLE 303 OF THE CPC

COURT VERIFICATION AT THE PREPARATORY SESSION OF THE DEFENDANTS COMPLAINTS IN THE PROCEDURE OF PART 2 OF ARTICLE 303 OF THE CPC

On April 8, 2020, an article was published on the website of the National Bar Association of Ukraine

Hanna Kolesnyk, Chair of the NAAU Human Rights Committee, Chair of the Cybercrime Section

Igor Svetlichny, Member of the NAAU Human Rights Committee, Chairman of the Restorative Justice Section

Examination by the court at the preparatory hearing of the complaints of defenders pursuant to Part 2 of Article 303 of the CPC, including those rejected at the stage of pre-trial proceedings (Constitutional aspect)

According to Article 55 of the Constitution of Ukraine, human and civil rights and freedoms are protected by the court, everyone is guaranteed the right to appeal in court against decisions, actions or omissions of public authorities, local governments, officials and officials.

Please note that in the above-mentioned Article 55 there are no references to other norms, no remarks “in the manner prescribed by applicable law” and similar restrictions on appeals. But is it really possible to appeal on the basis of the Constitution or not? Let’s find out.

Paragraph 8 of the Resolution of the Plenum of the Supreme Court of Ukraine of November 1, 1996 №9 “On the Application of the Constitution of Ukraine in the Administration of Justice” contains an explanation with reference to Articles 55 and 124 of the Constitution of Ukraine on guaranteeing everyone the right to appeal inaction of public authorities, local governments, officials and officials regarding the illegality of refusing to accept an application or complaint on the grounds provided by law, which limits this right.

Indeed, the main duty of the state, according to Article 3 of the Constitution of Ukraine, is to establish and ensure human rights and freedoms. Going to court to protect the constitutional rights and freedoms of man and citizen directly on the basis of the Constitution of Ukraine is guaranteed (Article 8 of the Constitution of Ukraine).

Read on? Click the link: https://unba.org.ua/publications/5417-perevirka-sudom-na-pidgotovchomu-zasidanni-skarg-zahisnikiv-u-poryadku-chastini-2-statti-303-kpk-v-tomu-chisli-vidhilenih-na-etapi-dosudovogo-provadzhennya-konstitucijnij-aspekt.html