The constitutional appeal of the Human Rights Fund “Progress” concerning the official interpretation of the second part of Article 22 of the Law of Ukraine “On access to public information by January 13, 2011 № 2939-VI was pending in the Constitutional Court of Ukraine from July 13, 2016.

Recall that according to Part 1 of Article 42 of the Law of Ukraine “On the Constitutional Court of Ukraine,” a constitutional appeal – a written request to the Constitutional Court of Ukraine on the need of the official interpretation of the Constitution of Ukraine and laws of Ukraine to ensure the implementation and protection of the constitutional rights and freedoms of human and citizen as well as the rights of a legal entity.

However, on 22.11. 2016 the Human Rights Fund “Progress” has received the decision of the Constitutional Court of Ukraine to refuse the opening of the constitutional proceedings on the constitutional treatment of the Human Rights Fund “Progress” concerning the official interpretation of the second part of Article 22 of the Law of Ukraine “On Access to Public Information” dated November 10, 2016.

Constitutional Court of Ukraine refused to open a constitutional proceeding in connection with the fact that the Law of Ukraine “On Amendments to the Constitution of Ukraine (regarding justice)” on June 2, 2016 № 1401-VIII, which entered into force on September 30, 2016, in Article 147.150 of the Constitution of Ukraine changes have been made, according to which the powers of the Constitutional Court of Ukraine does not include the official interpretation of the laws of Ukraine.
Decision of the Constitutional Court of Ukraine is final.

Please note that the constitutional appeal of the Human Rights Fund “Progress” was directed to the Constitutional Court of Ukraine in the September 30, 2016 (i.e. before the entry into force of the Law № 1401-VIII) and changes in “On Constitutional Court” – The Law of Ukraine on constitutional appeals from 22.11. 2016 are not yet made by the Verkhovna Rada of Ukraine.