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SOLUTION OF THE CONSTITUTIONAL COURT OF UKRAINE

of September 16, 2020 No. 11-r/2020

On case on the constitutional representation of 50 People's Deputies of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of separate provisions of the Law of Ukraine "About National anti-corruption bureau of Ukraine"

No. 11-r/2020 DeloNo. 1-19/2020 (345/20)

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 - the speaker,

Moysik Vladimir Romanovich,

May Day Oleg Alekseevich,

Sasa of Sergey Vladimirovich,

Slidenko Igor Dmitriyevich,

Filyuk Pyotr Todosyevich,

Yurovskaya Galina Valentinovna,

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 the Law of Ukraine "About National anti-corruption bureau of Ukraine" of October 14, 2014 No. 1698-VII (Sheets of the Verkhovna Rada of Ukraine, 2014, No. 47, the Art. 2051) with changes.

Having heard the judge-speaker Litvinov E. M., explanations of representatives of the person of law on the constitutional representation Mamko G. N., Nimchenko V. I., Slavitskoy A. K., Representative of the President of Ukraine in the Constitutional Court of Ukraine Venislavsky F. V., permanent representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine Sovgir A. V., and also the attracted participants of the constitutional production: acting as head of Specialized anti-corruption prosecutor's office Grishchuk M. A., Chairman of the Supreme Court Danishevskaya V. I., Chairman of the Supreme anti-corruption court Tanasevich E. V., Chairman of the National agency concerning prevention of corruption Novikov A. F., Minister of Justice of Ukraine Malyusk D. L. First Deputy Attorney-General Govda N. N., first deputy Direktor of the State bureau of investigations Babikov A. P., representative of National anti-corruption bureau of Ukraine Yarchak I. S., 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 - addressed to Constitutional Vessels of Ukraine with the petition to recognize not answering to the Constitution of Ukraine (are unconstitutional), provisions of the Law of Ukraine "About National anti-corruption bureau of Ukraine" of October 14, 2014 No. 1698-VII with changes (further - the Law), namely:

- paragraph one of part one of Article 1 concerning determination of National anti-corruption bureau of Ukraine by "the state law enforcement agency";

- parts two of article 1 about provision to the President of Ukraine of powers to form National anti-corruption bureau of Ukraine;

- Article parts one 6, of paragraph two of part nine of article 7 about provision to the President of Ukraine of powers to appoint to position and to dismiss the Director of National anti-corruption bureau of Ukraine;

- Item of 1 part three of article 7 about provision to the President of Ukraine of powers to determine three persons in structure of the commission on carrying out tender on holding the post of the Director of National anti-corruption bureau of Ukraine;

- the second offer of paragraph two of part six of Article 26 concerning provision to the President of Ukraine of powers to determine one member of the commission of external control;

- parts two of article 31 about provision to the President of Ukraine of powers to approve Regulations on Council of public control and on procedure for its forming.

Authors of the petition claim that the challenged provisions of the Law contradict provisions of Articles 6, of 8, of 19, of 85, of 106, of 113, 116 Constitutions of Ukraine as provide "investment of the President of Ukraine with the additional powers (which are not fixed by the Constitution of Ukraine)".

According to the person of law on the constitutional representation, "the mediated subordination of National anti-corruption bureau of Ukraine to the President of Ukraine creates threat of independence of law enforcement agency" and leads to "creation of parallel executive body", and also "to establishment of uncertain limits of powers of the head of state contrary to the constitutional principle of separation of the government, leads to disbalance of the existing constitutional system of controls and counterbalances in the government mechanism in Ukraine".

2. Resolving the questions which are brought up in the constitutional representation, the Constitutional Court of Ukraine proceeds from the following.

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