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DETERMINATION OF THE CONSTITUTIONAL COURT OF UKRAINE

of June 10, 2010 No. 37-up/2010

About the termination of the constitutional proceeedings on the constitutional representation of 50 People's Deputies of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of separate provisions of parts ten, the eleventh, nineteenth article 7 of the Law of Ukraine "About banks and banking activity"

Constitutional court of Ukraine consisting of judges:

Strizhak Andrey Andreevich - the chairman, the speaker,

Baulin Yury Vasilyevich,

Brintsev Vasily Dmitriyevich,

Vdovichenko Sergey Leonidovich,

Golovin Anatoly Sergeyevich,

Dzhunya Vyacheslav Vasilyevich,

Kamp Vladimir Mikhaylovich,

Mikhail Ivanovich's ear,

Lilak Dmitry Dmitriyevich,

Markush Maria Andreevna,

Nikitin Yury Ivanovich,

Ovcharenko Vyacheslav Andreevich,

Stetsyuk Pyotr Bogdanovich,

Tkachuk Pavel Nikolaevich,

Shishkin Victor Ivanovich,

No. 2121-III considered at plenary meeting case on the constitutional representation of 50 People's Deputies of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of separate provisions of parts ten, the eleventh, nineteenth article 7 of the Law of Ukraine "About banks and banking activity" of December 7, 2000 (Sheets of the Verkhovna Rada of Ukraine, 2001, No. 5-6, of Art. 30; 2007, No. 10, the Art. 90) concerning powers of the President of Ukraine to appoint members of supervising council of national bank and to stop their powers.

Having heard the judge-speaker Strizhak A. A. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation - 50 People's Deputies of Ukraine - appealed to the Constitutional Court of Ukraine with the petition to consider question concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of parts ten, the eleventh, nineteenth article 7 of the Law of Ukraine "About banks and banking activity" of December 7, 2000 No. 2121-III (further - the Law) concerning powers of the President of Ukraine to appoint members of supervising council of national bank (further - supervising council) and to stop their powers.

In article 7 of the Law it is determined that the members of supervising council of the bank appointed by the Verkhovna Rada of Ukraine, the President of Ukraine and the Cabinet of Ministers of Ukraine (the first offer of part ten) are part of supervising council; The President of Ukraine appoints five members of supervising council by adoption of the relevant decree (part eleven); powers of the appointed structure of supervising council and/or each of his members can stop respectively according to the decision of the Verkhovna Rada of Ukraine, the President of Ukraine and the Cabinet of Ministers of Ukraine of persons who are rather designated by them, but not earlier than in one year from day of appointment (the first offer of part of the nineteenth).

The person of law on the constitutional representation considers that provisions of parts ten, the eleventh, nineteenth article 7 of the Law concerning powers of the President of Ukraine to appoint members of supervising council and to stop their powers Constitutions of Ukraine do not answer, and asks to recognize them unconstitutional.

2. In proceedings on the reference the Constitutional Court of Ukraine came to conclusion that the constitutional proceeedings are subject to the termination for such reasons.

2. Determination of the Constitutional Court of Ukraine is final.

 

CONSTITUTIONAL COURT OF UKRAINE

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