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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of October 5, 2005 No. 6-rp/2005

On the case of the constitutional representation of 60 People's Deputies of Ukraine of rather official interpretation of provisions of part one of article 103 of the Constitution of Ukraine in the context of provisions of its Articles 5, 156 and according to the constitutional addresses of citizens Galaychuk Vadim Sergeyevich, Piedmont Victoria Valentinovna, Sour Tatyana Vladimirovna of rather official interpretation of provisions of parts two, third, fourth article 5 of the Constitution of Ukraine (case on implementation of the power by the people)

Case No. 1-5/2005

NAME OF UKRAINE

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

Selivon Nikolay Fedosovich - the chairman,

Voznyuk Vladimir Denisovich,

Evgrafov Pavel Borisovich - the judge-speaker,

Ivashchenko Vladimir Ivanovich,

Kostitsky Mikhail Vasilyevich,

Mironenko Alexander Nikolaevich,

Nemchenko Vasily Ivanovich,

Wheaten Valeria Grigoryevna,

Savenko Nikolay Dmitriyevich,

Victor Egorovich's buffoons,

Stanik Syuzanna Romanovna,

Tkachuk Pavel Nikolaevich,

Chubar Lyudmila Panteleevna,

Shapoval Vladimir Nikolaevich,

considered at plenary meeting case on the constitutional representation of 60 People's Deputies of Ukraine on official interpretation of provisions of part one of article 103 of the Constitution of Ukraine in the context of provisions of its Articles 5, 156 and according to the constitutional addresses of citizens Galaychuk V. S., Piedmont V.V., Sour T.V. about official interpretation of provisions of parts two, third, fourth article 5 of the Constitution of Ukraine.

Having heard the judge-speaker Evgrafov of the Item B. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation - 60 People's Deputies of Ukraine - appealed to the Constitutional Court of Ukraine with the petition for official interpretation of provisions of part one of article 103 of the Constitution of Ukraine in the context of provisions of its Articles 5, 156. People's Deputies of Ukraine specify that according to article 5 of the Constitution of Ukraine the people perform the power directly and through public authorities and local government bodies. The right to determine and change the constitutional system in Ukraine belongs only to the people and cannot be usurped by the state, its bodies or officials.

In the constitutional representation it is noted that under the Constitution of Ukraine national declaration of will is performed through elections, referendum and other forms of direct democracy (Article 69). The president of Ukraine is elected citizens of Ukraine on the basis of general, equal and direct suffrage by secret vote for a period of five years (part one of article 103 of the Constitution of Ukraine. With respect thereto People's Deputies of Ukraine ask whether will lead introduction of other procedure for election of the President of Ukraine to change of the constitutional system of Ukraine and to restriction of the right of the people to perform the power directly.

In the constitutional address of citizens Galaychuk V. S., Piedmont V.V., Sour T.V. the petition for official interpretation of separate provisions of the Constitution of Ukraine which guarantee realization and protection of constitutional rights and freedoms of man and citizen in Ukraine, in particular the phrase "is declared by the carrier of sovereignty and the single source of the power in Ukraine the people are". According to the Constitution of Ukraine "the people perform the power directly" that, according to applicants, makes impossible infringement of the government from its party. As the people are source of forming of any public authorities, he cannot usurp the government what it is in part four of article 5 of the Constitution of Ukraine about.

3. In the answers of the President of Ukraine, the Chairman of the Verkhovna Rada of Ukraine, Institute of the legislation of the Verkhovna Rada of Ukraine received on requests of the Constitutional Court of Ukraine, Fund of assistance to local self-government of Ukraine, National legal academy of Ukraine of Yaroslav the Wise, law departments of the Lviv national university of Iván Franco, Yuriy Fedkovych Chernivtsi National University and the Taurian national university of V. I. Vernadsky, the doctor of jurisprudence, professor of the Odessa national legal academy of Orzikh M. P., Candidate of Law Sciences, the associate professor of law department of the Kiev national university of Taras Shevchenk Myalovitskoy N. A. line items on the brought-up questions are stated. In particular, these answers contain unambiguous understanding of provisions of parts two, third article 5 of the Constitution of Ukraine on which the carrier and the single source of the power in Ukraine are the people and only the people are granted the right to determine and change the constitutional system in Ukraine.

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