The Second Senate of the Constitutional Court of Ukraine made a decision on the case on the constitutional complaint of Viacheslav Pleskach and recognized the prescriptions of Part 1 of Article 294, Part 6 of Article 383 of the Code of Administrative Procedure of Ukraine as inconsistent with the Constitution of Ukraine.

According to the press service of the Constitutional Court, thus the judges equalized the rights of citizens with the state in administrative proceedings.

"The applicant, substantiating the assertion of the unconstitutionality of the contested provisions of the Code, noted that they did not establish the right to appeal the ruling on the refusal to satisfy the application filed in accordance with Article 383 of the Code of Administrative Procedure of Ukraine, at the same time, the right to appeal the ruling on the satisfaction of such an application was established. Such normative regulation, according to the applicant, is a manifestation of legislative discrimination and a violation of Part 1 of Article 24 and paragraphs 1 and 3 of Part 2 of Article 129 of the Constitution of Ukraine, since a decision made in favor of the state is not subject to appeal, and one made not in its favor may be subject to appeal," the court said.

When deciding on this case, the Constitutional Court of Ukraine proceeded from the fact that the issues raised in the constitutional complaint relate to the right of a person to judicial protection in administrative proceedings and guarantees that ensure the effective implementation of this right.