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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of May 19, 1999 No. 4-rp/99

On case on the constitutional representation of the Supreme Court of Ukraine and the Security Service of Ukraine on official interpretation of article 86 of the Constitution of Ukraine and Articles 12, 19 Laws of Ukraine "About the status of the People's Deputy of Ukraine" (case on requests of People's Deputies of Ukraine)

Case No. 1-12/99

NAME OF UKRAINE

Constitutional court of Ukraine as a part of judges of the Constitutional Court of Ukraine:

Rozenko Vitaly Ivanovich - the chairman,

Voznyuk Vladimir Denisovich,

Kozyubra Nikolay Ivanovich,

Korniyenko Nikolay Ivanovich,

Kostitsky Mikhail Vasilyevich,

Malinnikova Lyudmila Fiodorovna,

Martynenko Pyotr Fedorovich,

Mironenko Alexander Nikolaevich,

Victor Egorovich's buffoons,

Silent Vladimir Pavlovich,

Chubar Lyudmila Panteleevna,

Shapoval Vladimir Nikolaevich - the judge-speaker,

Yatsenko Stanislav Sergeyevich,

with the assistance of representatives for the order of representatives of persons of law on the constitutional provision: from the Supreme Court of Ukrainylukashova Nadezhda Pavlovna, the head of department concerning judicial and legal reform and work with bills of the Supreme Court of Ukraine; from the Security Service of Ukraine - Pristayko Vladimir Ilyich, the vice-chairman of the Security Service of Ukraine, Lukjyanenko Anatoly Ignatyevich, the chief of Contractual legal department of the Security Service of Ukraine; and also recruited in consideration of this case from the Verkhovna Rada of Ukraine - Karmazin Yury Anatolyevich, the Chairman of Committee of the Verkhovna Rada of Ukraine concerning legislative ensuring law-enforcement activities and fight against organized crime and corruption, Selivanov Anatoly Aleksandrovich, the manager of department of communications with judicial bodies of the Secretariat of the Verkhovna Rada of Ukraine, and Nosov of Vladislav Vasilyevichapostoyanny of the representative of the President of Ukraine in the Constitutional Court of Ukraine,

considered at plenary meeting case on official interpretation of article 86 of the Constitution of Ukraine and Articles 12, 19 Laws of Ukraine "About the status of the People's Deputy of Ukraine" of November 17, 1992 N 2790-XII with subsequent changes and amendments.

Having heard the judge-speaker Shapoval V. M., Lukashova N. P., Lukjyanenko A. G. explanations., Pristayka V. I., Karmazina Yu. A., Selivanova A. O., Nosova V. V. and having researched case papers, the Constitutional Court of Ukraine established:

1. The Supreme Court of Ukraine as the person of law on the constitutional representation asks to give official interpretation of article 86 of the Constitution of Ukraine and article 12 of the Law of Ukraine "About the status of the People's Deputy of Ukraine", taking into account contents of Articles 6, of 124, of 126, 129 Constitutions of Ukraine, concerning the right of the People's Deputy of Ukraine to take a legal action with requests concerning cases which are in production of court.

The Supreme Court of Ukraine considers that the decision of the Verkhovna Rada of Ukraine in the direction of requests of People's Deputies of Ukraine in courts concerning consideration of specific legal cases overstep the bounds of the powers conferred to it as article 85 of the Constitution of Ukraine does not provide to the Verkhovna Rada of Ukraine of control function on justice implementation.

The Security Service of Ukraine as the person of law on the constitutional representation asks to give official interpretation of Articles 12, 19 Laws of Ukraine "About the status of the People's Deputy of Ukraine" concerning the right of the People's Deputy of Ukraine to give the assignment to bodies of the security service about provision to it (deputy) of information concerning private life, honor and advantage of citizens which cannot be received without implementation of operational and detective actions.

In the constitutional representation of the Security Service of Ukraine it is specified that the order of People's Deputies of Ukraine in request form or the deputy appeal to bodies of security service about the organization of check and data message on government employees, representatives of associations of citizens and certain citizens, in the absence of the bases for holding operational and detective actions, 19 Laws of Ukraine "About the status of the People's Deputy of Ukraine" are not provided by Articles 12, and contradict article 6 of the Law of Ukraine "About operational and detective activities".

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