Check of the constitutionality of the Law of Ukraine 'On Enforcement Proceedings'
The Constitutional Court of Ukraine will check the constitutionality of certain provisions of the Law of Ukraine 'On Enforcement Proceedings', in particular the twenty-second paragraph of clause 10-2 of section XIII. This decision resulted from a constitutional submission filed by the Commissioner of the Verkhovna Rada of Ukraine for Human Rights on December 30, 2025.
The Law of Ukraine 'On Enforcement Proceedings' was adopted on June 2, 2016, under number 1404-VIII. The justification for the submission questions the appropriateness of the mentioned provision in relation to the articles of the Constitution of Ukraine. In particular, the following are called into question:
- Article 8
- Part three of Article 22
- Parts one and two of Article 55
- Article 64
- Clause 9 of part two of Article 129
- Article 129-1
The impact of the decision on law enforcement
Section XIII 'Final and transitional provisions' of the Law regulates issues related to enterprises of the defense industry complex, military management bodies, formations, military units, higher military educational institutions, military training units of higher education establishments, as well as institutions and organizations of the Armed Forces of Ukraine. The constitutional submission has currently been distributed to the reporting judge for further consideration.
This decision of the Constitutional Court may have a significant impact on law enforcement in the field of enforcement proceedings, especially in the context of the activity of defense sector enterprises and military organizations. The importance of this review emphasizes the need to adhere to constitutional norms in legislation regulating specific aspects of activities related to national security and defense of Ukraine.