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SOLUTION OF THE CONSTITUTIONAL COURT OF UKRAINE

of December 20, 2019 No. 12-r/2019

On case on the constitutional representation of 49 People's Deputies of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of part two of article 135 of the Housing code of the Ukrainian SSR

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

Tupitsky Alexander Nikolaevich - the chairman,

Golovaty Sergey Petrovich,

Gorodovenko Victor Valentinovich,

Zavgorodney Irina Nikolaevna,

Kasminin Alexander Vladimirovich,

Kolesnik Victor Pavlovich,

Krivenko Victor Vasilyevich,

Lemak Vasily Vasilyevich,

Litvinov Alexander Nikolaevich,

Melnik Nikolay Ivanovich,

Moysik Vladimir Romanovich - the speaker,

May Day Oleg Alekseevich,

Sasa of Sergey Vladimirovich,

Slidenko Igor Dmitriyevich,

considered at plenary meeting case on the constitutional representation of 49 People's Deputies of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of part two of article 135 of the Housing code of the Ukrainian SSR.

Having heard the judge-speaker Moysik V. G. and having researched case papers, the Constitutional Court of Ukraine

established:

1. The person of law on the constitutional representation - 49 People's Deputies of Ukraine - addressed the Constitutional Court of Ukraine with the petition to recognize not answering to the Constitution of Ukraine (are unconstitutional), provisions of part two of article 135 of the Housing code of the Ukrainian SSR (further - the Code).

It is provided in part two of article 135 of the Code that in members of housing cooperative the citizens who are constantly living in this settlement (if other is not established by the legislation of USSR and the Ukrainian SSR) are accepted and are on accounting of persons interested to enter housing cooperative and are entered in the unified state register of the citizens needing improvement of housing conditions or the citizens specified in Article part one 143, to part two of Article 145 and part one of article 146 of the Code have the right of extraordinary admission to membership of cooperative, and also.

Authors of the petition claim that the discrimination conditions for receipt of membership in housing cooperatives established in part two of article 135 of the Code violate instructions of Articles 21, of 22, of 24, of 26, 47 Constitutions of Ukraine and do not correspond to intrinsic signs of Ukraine as constitutional and democratic state in which the principle of supremacy of law is effective.

2. Resolving the question raised in the constitutional representation, the Constitutional Court of Ukraine proceeds from the following.

In the Fundamental Law of Ukraine it is determined that Ukraine is the sovereign and independent, democratic, social, constitutional state (Article 1); human rights and freedoms and their guarantees determine content and orientation of activities of the state; the state answers to the person for the activities; approval and providing human rights and freedoms is the main obligation of the state (Article part two 3); all people are free and equal in the advantage and the rights; human rights and freedoms are inaliennable and indestructible (Article 21); constitutional rights and freedoms are guaranteed and cannot be cancelled (Article part two 22); citizens have equal constitutional rights and freedoms and are equal before the law; there cannot be privileges or restrictions on signs of race, skin color, political, religious and other convictions, floor, ethnic and social origin, property condition, residence, on language or other signs (parts one, the second Articles 24). According to part one of Article 64 of the Fundamental Law of Ukraine constitutional rights and freedom of man and citizen cannot be limited, except the cases provided by the Constitution of Ukraine.

In Ukraine the principle of supremacy of law is recognized and is effective; The Constitution of Ukraine has the highest legal force; the laws and other regulatory legal acts are adopted on the basis of the Constitution of Ukraine and shall correspond to it (parts one, the second Article 8 of the Fundamental Law of Ukraine).

2.1. Human rights and freedoms are affirmed also in international treaties which are part of the national legal system of Ukraine in case of provision by the Verkhovna Rada of Ukraine of consent to their obligation (part one of article 9 of the Constitution of Ukraine). The right of each person to such living standards which are necessary for maintenance of health and welfare him and his family is provided in the Universal Declaration of Human Rights of 1948, and it is specified that the necessary living standards provide, in particular, housing (Item 1 of Article 25). The similar provision contains in Item 1 of article 11 of the International Covenant on Economic, Social and Cultural Rights of 1966 in which the obligation of the State Parties of the pact is fixed to take necessary measures for ensuring implementation of such right.

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