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SOLUTION OF THE CONSTITUTIONAL COURT OF UKRAINE

of August 28, 2020 No. 10-r/2020

On case on the constitutional representation of the Supreme Court concerning compliance of the Constitution of Ukraine (constitutionality) of separate provisions of the resolution of the Cabinet of Ministers of Ukraine "About establishment of quarantine for the purpose of prevention of distribution in the territory of Ukraine sharp respiratory disease of COVID-19, of SARS-CoV-2, caused by coronavirus and stages of weakening of anti-epidemic actions", provisions of parts one, third article 29 of the Law of Ukraine "About the Government budget of Ukraine for 2020", the paragraph of the ninth Item 2 of the Section II "Final provisions" of the Law of Ukraine "About introduction of amendments to the Law of Ukraine "About the Government budget of Ukraine for 2020""

Case No. 1-14/2020(230/20)

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,

Moysik Vladimir Romanovich,

May Day Oleg Alekseevich,

Sasa of Sergey Vladimirovich,

Slidenko Igor Dmitriyevich,

Filyuk Pyotr Todosyevich - the speaker,

Yurovskaya Galina Valentinovna,

considered at plenary meeting case on the constitutional representation of the Supreme Court concerning compliance of the Constitution of Ukraine (constitutionality) of separate provisions of the resolution of the Cabinet of Ministers of Ukraine "About establishment of quarantine for the purpose of prevention of distribution in the territory of Ukraine of sharp respiratory disease of COVID-19, of SARS-CoV-2, caused by coronavirus and stages of weakening of anti-epidemic actions" of May 20, 2020 No. 392 (The Official Bulletin of Ukraine, 2020, No. 43, the Art. 118), provisions of parts one, third article 29 of the Law of Ukraine "About the Government budget of Ukraine for 2020" of November 14, 2019 No. 294-IX (Sheets of the Verkhovna Rada of Ukraine, 2020, No. 5, the Art. 31) with changes, the paragraph of the ninth Item 2 of the Section II "Final provisions" of the Law of Ukraine "About introduction of amendments to the Law of Ukraine "About the Government budget of Ukraine for 2020"" of April 13, 2020 No. 553-IX (Sheets of the Verkhovna Rada of Ukraine, 2020, No. 19, the Art. 126).

Having heard the judge-speaker Filyuk P. T. and having researched case papers, the Constitutional Court of Ukraine

established:

1. The person of law on the constitutional representation - the Supreme Court appealed to the Constitutional Court of Ukraine with the petition to recognize not answering to the Constitution of Ukraine (are unconstitutional), provisions of subitems 5, of 6, of 7, of the 14th Item 3, of the paragraph of the sixth Item 6 of the resolution of the Cabinet of Ministers of Ukraine "About establishment of quarantine for the purpose of prevention of distribution in the territory of Ukraine of sharp respiratory disease of COVID-19, of SARS-CoV-2, caused by coronavirus and stages of weakening of anti-epidemic actions" of May 20, 2020 No. 392 (further - the Resolution No. 392), Items 10, 17 Procedures of the anti-epidemic actions connected with self-isolation approved by the Resolution No. 392 (further - the Procedure), parts one, third article 29 of the Law of Ukraine "About the Government budget of Ukraine for 2020" of November 14, 2019 No. 294-IX with changes (further - the Law No. 294), the paragraph of the ninth Item 2 of the Section II "Final provisions" of the Law of Ukraine "About introduction of amendments to the Law of Ukraine "About the Government budget of Ukraine for 2020"" of April 13, 2020 No. 553-IX (further - the Law No. 553).

The Supreme Court asks to check provisions of the Resolution No. 392, of the Law No. 294, of the Law No. 553 for compliance to parts one, the second Article 8, to parts one, the second Article 24, of Article part one 33, to Article 39, to parts one, third Article 42, to parts one, third Article 49, to Article 64, of Item 14 parts one of Article 92, of Article part one 126, to parts one, the second article 129-1 of the Constitution of Ukraine.

2. Constitutional court of Ukraine, resolving the questions which are brought up in the constitutional representation, recognizes that according to the Constitution of Ukraine 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); bodies of legislative, executive and judicial authority perform the powers in the borders established by the Constitution and according to the laws of Ukraine (Article part two 6); 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 Articles 8); the legal order in Ukraine is based on the beginnings according to which nobody can be forced to do what is not stipulated by the legislation; bodies of state

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