of October 2, 2008 No. 19-rp/2008
On case on the constitutional representation of 60 People's Deputies of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of parts three, the fifth Article 23, parts one, the second Article 24, Article parts one 25, parts one of article 26 of the Law of Ukraine "About financial services and state regulation of the markets of financial services"
Case No. 1-43/2008
NAME OF UKRAINE
Constitutional court of Ukraine consisting of judges:
Strizhak Andrey Andreevich - the chairman,
Brintsev Vasily Dmitriyevich,
Vdovichenko Sergey Leonidovich,
Golovin Anatoly Sergeyevich,
Dzhunya Vyacheslav Vasilyevich,
Didkovsky Anatoly Aleksandrovich - the speaker,
Dombrovsky Ivan Petrovich,
Kamp Vladimir Mikhaylovich,
Lilak Dmitry Dmitriyevich,
Markush Maria Andreevna,
Machuzhak Yaroslava Vasilyevna,
Nikitin Yury Ivanovich,
Ovcharenko Vyacheslav Andreevich,
Tkachuk Pavel Nikolaevich,
Shishkin Victor Ivanovich,
considered at plenary meeting case on the constitutional representation of 60 People's Deputies of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of parts three, the fifth Article 23, of parts one, the second Article 24, of Article part one 25, of part one of article 26 of the Law of Ukraine "About financial services and state regulation of the markets of financial services" of July 12, 2001 N 2664-III (In? domost? Verkhovno ї For the sake of Ukra§ni, 2002, N 1, the Art. 1).
Having heard the judge-speaker Didkovsky A. O. 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 to recognize provisions of the Law of Ukraine "About financial services and state regulation of the markets of financial services" (further - the Law) such which do not answer the Constitution of Ukraine (are unconstitutional), regarding subordination of the special representative of executive body in the sphere of regulation of the markets of financial services (further - Authorized body) and appointments of leading employees of Authorized body, namely:
- parts three, the fifth article 23 about approval by the President of Ukraine of the Regulations on Authorized body, about appointment to positions and the termination of powers of the Chairman, vice-chairmen and members of Authorized body - directors of departments;
- parts one, the second Article 24 concerning position assignment and release from position the President of Ukraine the Chairman of Authorized body;
People's Deputies of Ukraine consider that powers of the President of Ukraine are established by exclusively Fundamental Law of Ukraine which does not give to him the right (after the introduction in operation of the Law of Ukraine "About introduction of amendments to the Constitution of Ukraine" of December 8, 2004 N 2222-IV (further - the Law N 2222-IV) to approve regulations on the central executive bodies, to appoint to positions and to exempt from positions of heads, other members of these bodies including leading employees of Authorized body.
Authors of the petition do the conclusion that the challenged provisions do not meet the requirements of Articles 8, of 19, of 106, 116 Fundamental Laws of Ukraine, and claim that, adopting the Law in 2001, the parliament considered amount of the constitutional powers of the head of state determined by article 106 of the Constitution of Ukraine in edition of 1996 which provided its right to create the central executive bodies which the Authorized body treats.
According to article 106 of the Constitution of Ukraine in edition of the Law N 2222-IV the President of Ukraine such authority is not given as the last belong to the Cabinet of Ministers of Ukraine. As the person of law on the constitutional representation adduces arguments of discrepancy of the challenged provisions of the Constitution of Ukraine number of solutions of the Constitutional Court of Ukraine concerning appointment to positions and releases from positions of heads of the central executive bodies of Ukraine.
2. The line item concerning constitutionality of the challenged provisions of the Law was stated by the President of Ukraine and the Chairman of the Verkhovna Rada of Ukraine.
3. Constitutional court of Ukraine, considering the questions which are brought up in the constitutional representation, proceeds from the following.
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