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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of October 9, 2008 No. 22-rp/2008

On case on the constitutional representation of the President of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of the Resolution of the Cabinet of Ministers of Ukraine "About purchase of the services connected with forming of information and telecommunication system of the State register of voters"

Case No. 1-41/2008

NAME OF UKRAINE

Constitutional court of Ukraine consisting of judges:

Strizhak Andrey Andreevich - the chairman,

Baulin Yury Vasilyevich,

Brintsev Vasily Dmitriyevich,

Vdovichenk Sergey Leonidovich,

Golovin Anatoly Sergeyevich,

Dzhunya Vyacheslav Vasilyevich,

Didkovsky Anatoly Aleksandrovich,

Dombrovsky Ivan Petrovich - the speaker,

Kamp Vladimir Mikhaylovich,

Mikhail Ivanovich's ear,

Lilak Dmitry Dmitriyevich,

Markush Maria Andreevna,

Machuzhak Yaroslava Vasilyevna,

Nikitin Yury Ivanovich,

Ovcharenko Vyacheslav Andreevich,

Tkachuk Pavel Nikolaevich,

Shishkin Victor Ivanovich,

with the assistance of the representative of the person of law on the constitutional representation Stavniychuk Marina Ivanovna - the Representative of the President of Ukraine in the Constitutional Court of Ukraine, Voznyuk of Vladimir Denisovichapredstavitel of the Cabinet of Ministers of Ukraine, Usenko-Chernoy Zhanna Ivanovna - the representative of Central Election Commission,

considered at plenary meeting case on the constitutional representation of the President of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of the Resolution of the Cabinet of Ministers of Ukraine "About purchase of the services connected with forming of information and telecommunication system of the State register of voters" of April 17, 2008 N 363 (Of? c? yniya in? Ukra§ni, 2008, N 31, of the Art. 974) drooped.

Having heard Dombrovsky I.P.'s judge-speaker, explanations Stavniychuk M. I., Voznyuka V. D., ZH.I. Usenko-Chernoy and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation is the President of Ukraine - appealed to the Constitutional Court of Ukraine with the petition to consider question concerning compliance of the Constitution of Ukraine to constitutionality) Resolutions of the Cabinet of Ministers of Ukraine "About purchase of the services connected with forming of information and telecommunication system of the State register of voters" of April 17, 2008 N 363 (further - the Resolution N 363).

The author of the petition motivates the address so.

Under the Constitution of Ukraine national declaration of will is performed through elections, referendum and other forms of direct democracy by participation of citizens of Ukraine in them (Articles 69, 70). The fundamental law of Ukraine it is guaranteed that elections to public authorities and local government bodies are free and occur on the basis of general, equal, direct suffrage by secret vote; free declaration of will is guaranteed to voters (Article 71).

Under the Law of Ukraine "About the State register of voters" maintaining the Register is performed on bases, in particular, of publicity, reliability, completeness and integrity of data, legality and priority of human rights (Article 3). This Law determines the list of office personal data of the Register which, in turn, are data which certify the facts connected with participation of citizens in the electoral process (Article 9). According to article 35 of the specified Law Cabinet of Ministers of Ukraine establishes procedure and terms of ensuring purchase, development and adjustment of program and technical means for creation of information and telecommunication system and maintaining the Register. According to article 36 of the specified Law primary forming of the database of Reestr it is performed by the manager Reestra at stage of introduction of the automated information and telecommunication system of Reestr in operation by transferring to the database of Reestr of personal data of voters from general electoral registers.

Determining that purchase by Central Election Commission of services in development and adjustment of software of creation of information and telecommunication system and maintaining the Register is performed on procurement procedure at one participant, the Cabinet of Ministers of Ukraine was effective contrary to not only to the called provisions of the Constitution of Ukraine and the Law of Ukraine "About the State register of voters", but also to requirements of part three of article 42 of the Constitution of Ukraine on which the state provides protection of the competition in business activity, non-admission of monopoly abuse in the market and illegal restriction of the competition.

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