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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of June 25, 2019 No. 8-r/2019

On case on the constitutional representation of 45 People's Deputies of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of the Resolution of the Cabinet of Ministers of Ukraine "Some questions of enhancement of management in the field of use and protection of lands of agricultural purpose of state-owned property and the order them" of June 7, 2017 No. 413

Case No. 1-76/2018(4090/17)

Big chamber of the Constitutional Court of Ukraine as a part of judges:

Shaptala Natalya Konstantinovna - presiding

Golovaty Sergey Petrovich,

Gorodovenko Victor Valentinovich,

Gultaya Mikhail Miroslavovich,

Zavgorodney Irina Nikolaevna,

Zaporozhets Mikhail Petrovich,

Kasminin Alexander Vladimirovich,

Kolesnik Victor Pavlovich,

Krivenko Victor Vasilyevich,

Lemak Vasily Vasilyevich,

Litvinov Alexander Nikolaevich,

Melnik Nikolay Ivanovich,

Moysik Vladimir Romanovich,

May Day Oleg Alekseevich,

Sasa Sergey Vladimirovich,

Slidenko Igor Dmitriyevich,

Tupitsky Alexander Nikolaevich - the speaker,

considered at plenary meeting case on the constitutional representation of 45 People's Deputies of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of the Resolution of the Cabinet of Ministers of Ukraine "Some questions of enhancement of management in the field of use and protection of lands of agricultural purpose of state-owned property and the order them" of June 7, 2017 No. 413 (The Official Bulletin of Ukraine, 2017, No. 51, the Art. 1569) with changes.

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

1. The person of law on the constitutional representation of 45 People's Deputies of Ukraine - appealed to the Constitutional Court of Ukraine with the petition to recognize not answering to the Constitution of Ukraine (is unconstitutional), the Resolution of the Cabinet of Ministers of Ukraine "Some questions of enhancement of management in the field of use and protection of lands of agricultural purpose of state-owned property and the order by them" of June 7, 2017 No. 413 with changes (further - the Resolution No. 413).

The resolution No. 413 approves the Strategy of enhancement of the controling mechanism in the field of use and protection of lands of agricultural purpose of state-owned property and the order by them (further - Strategy), changes are made to some resolutions of the Cabinet of Ministers of Ukraine and it is entrusted to the Ministry of Agricultural Policy and Food of Ukraine together with Public service of Ukraine concerning geodesy, cartography and the inventory (further - Gosgeokadastr) to develop and submit drafts of the regulatory legal acts directed to strategy implementation for consideration of the Cabinet of Ministers of Ukraine.

According to authors of the petition, the Resolution No. 413 does not correspond to provisions of Articles 1, of 8, of 13, of 14, of 19, of 41, of 85, of 92, of 116, 117 Fundamental Laws of Ukraine as, having published it, the Cabinet of Ministers of Ukraine went beyond the constitutional powers, namely the called bylaw "settled questions of acquisition of property right to the earth" which shall be determined only by the laws of Ukraine. Proving such line item, People's Deputies of Ukraine give provisions of paragraphs of the first - the fourth Section "System of the Organization of Process of Accomplishment of Strategy" of Strategy, specifying that by these provisions the parcels of land of agricultural purpose which total area equals only the fourth part of the square of sites which right of lease is sold at auction this quarter are subject to voluntary conveyance in the territory of the respective area".

Also in the constitutional representation it is specified that the Cabinet of Ministers of Ukraine the Resolution No. 413 actually approved the nation-wide program of use and protection of lands of agricultural purpose of state-owned property and the order by them, having called it "Strategy", than broke Article part two provisions 8, of Article part two 19, of Item 6 parts one of Article 85, of item 4 of article 116 of the Constitution of Ukraine on which the Verkhovna Rada of Ukraine shall approve such programs.

During consideration by the Constitutional Court of Ukraine of this case the Cabinet of Ministers of Ukraine issued the Resolution "About Modification of the Strategy of Enhancement of the Controling Mechanism in the field of Use and Protection of Lands of Agricultural Purpose of State-owned Property and the Order Them" of December 27, 2018 No. 1144 (further - the Resolution No. 1144) according to which paragraphs the first - the sixth the Section "System of the Organization of Process of Accomplishment of Strategy" Strategy are reworded as follows.

The specified Strategy provisions in edition of the Resolution No. 1144 similarly with the previous edition assume that Gosgeokadastr and his territorial authorities during transfer of the parcels of land of agricultural purpose of state-owned property to property within regulations of free privatization shall determine the land area which is transferred in limits of regulations of free privatization in the territory of the respective area, in the amount of 0,25 of land area, the right of lease and/or emphyteusis to which was sold in the territory of the respective area in the quarter preceding the current quarter.

With respect thereto the Constitutional Court of Ukraine considers it expedient to check for compliance to the Fundamental Law of Ukraine (constitutionality) the Resolution No. 413 taking into account the changes made by the Resolution No. 1144.

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