The terms of three judges of the Constitutional Court of Ukraine (CCU) expire on January 27: what does this mean for the court

The Constitutional Court of Ukraine has lost its quorum since today, January 27, due to the expiration of the term of office of three judges and will not be able to hold meetings of the Grand Chamber of the Court and the Second Senate. This was reported to the UNN journalist by Mariana Haiovska-Kovbasiuk, the head of the communications department of the Constitutional Court.

According to her, the nine-year term of office of three judges of the Constitutional Court - Viktor Kryvenko, Volodymyr Moisyk and Viktor Kolisnyk - expires on Monday, January 27, in accordance with Article 149-1 of the Constitution of Ukraine.

Haiovska-Kovbasiuk notes that the termination of the powers of three judges will have negative consequences for the Constitutional Court if it works for a long period not in full composition, namely 18 judges.

Yes, the 11 judges of the Constitutional Court who remain in office will be able to and will consider constitutional complaints.

Currently, there are 14 judges in the Constitutional Court, 4 vacancies are unfilled: one under the quota of the Congress of Judges since September 18, 2019, two under the quota of the Verkhovna Rada since December 8, 2022, and one under the quota of the President since May 30, 2024. From January 27, there will be 11 judges left, which is not enough for the work of the Grand Chamber, as the law requires the presence of 12 judges for a quorum and valid meetings.

The Second Senate of the Court is also operating at the minimum composition defined by law. If the number of judges of the Constitutional Court is less than 18, the Senate is valid if at least 6 judges participate in it. Currently, the Second Senate of the Court is operating with 6 judges out of 9.

However, Judge Moisyk is a member of the Second Senate, so from today there will temporarily be 5 judges in this Senate.

Today, the constitutional selection of vacant positions of judges of the Constitutional Court under the quotas of the President and the Verkhovna Rada is ongoing

According to her, the advisory group of experts, which, in accordance with the law on the Constitutional Court, assists the subjects of appointment of judges of the Constitutional Court in assessing the moral qualities and level of competence in the field of law of candidates for the position of judge of the Constitutional Court, is working intensively to ensure that the period of temporary incapacity of the Grand Chamber is minimal.

She noted that the advisory group of experts is actively conducting interviews with these candidates.

"All those wishing can also watch how this process is taking place on the information resources of the Advisory Group of Experts and the Constitutional Court. Even under these conditions, the bodies of the Constitutional Court, namely the colleges and the Senate, will continue to work the same as the court's secretariat", - Haiovska-Kovbasiuk said.

Addition

In December 2024, the start of the competition for two positions of judge of the Constitutional Court of Ukraine was announced.

Earlier, the "Judicial and Legal Gazette" reported that the Advisory Group of Experts on December 6, 2024, based on the results of the stage of performing a practical task on knowledge of the norms of law within the framework of the competition for the position of judge of the Constitutional Court under the quota of the Congress of Judges, recognized all three candidates as not meeting the recognized level of competence in the field of law.