Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of October 9, 2007 No. 7-rp/2007

On case on the constitutional representation 51 People's Deputies of Ukraine about official interpretation of provisions of part four of article 94 of the Constitution of Ukraine

Case No. 1-25/2007

NAME OF UKRAINE

Constitutional court of Ukraine as a part of judges of the Constitutional Court of Ukraine:

Strizhak Andrey Andreevich - the chairman

Brintsev Vasily Dmitriyevich

Golovin Anatoly Sergeyevich

Dzhunya Vyacheslav Vasilyevich

Didkivsky Anatoly Aleksandrovich

Dombrovsky Ivan Petrovich - the judge-speaker

Kamp Vladimir Mikhaylovich

Lilak Dmitry Dmitriyevich

Markush Maria Andreevna

Machuzhak Yaroslava Vasilyevna

Stetsyuk Pyotr Bogdanovich

Tkachuk Pavel Nikolaevich

Shishkin Victor Ivanovich

51 People's Deputies of Ukraine about official interpretation of provisions of part four of article 94 of the Constitution of Ukraine considered at plenary meeting case on the constitutional representation.

The constitutional representation 51 People's Deputies of Ukraine became reason for consideration of the case according to articles 39, of 41 Law of Ukraine "About the Constitutional Court of Ukraine".

The basis for consideration of the case according to article 93 of the Law of Ukraine "About the Constitutional Court of Ukraine" is practical need for official interpretation of provisions of part four of article 94 of the Constitution of Ukraine.

Having heard Dombrovsky I.P.'s judge-speaker and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation - 51 People's Deputies of Ukraine - appealed to the Constitutional Court of Ukraine with the petition to give official interpretation of provisions of part four of article 94 of the Constitution of Ukraine.

Authors of the constitutional representation prove practical need for official interpretation of noted provisions of the Fundamental Law of Ukraine by their ambiguous understanding when signing and official publication of the laws adopted by the Verkhovna Rada of Ukraine during de novo review.

At the same time People's Deputies of Ukraine note the following.

The Verkhovna Rada of Ukraine repeatedly considered on March 16, 2006 the Law of Ukraine "About temporary commissions of inquiry, special temporary commission of inquiry and the temporary special commissions of the Verkhovna Rada of Ukraine", returned by the President of Ukraine, and accepted it in general in the new edition, having completely considered proposals of the President of Ukraine to this Law of March 14, 2006.

Also Verkhovna Rada of Ukraine repeatedly considered on April 4, 2006 the Law of Ukraine "About introduction of amendments to article 20 of the Law of Ukraine "About the status of the People's Deputy of Ukraine", returned by the head of state, and overcame the veto of the President of Ukraine. The chairman of the Verkhovna Rada of Ukraine of the IV convocation signed these laws and directed them to the President of Ukraine to the signature.

According to the person of law on the constitutional representation, the President of Ukraine in ten-day time did not sign the laws, and sent letters to the Verkhovna Rada of Ukraine with reasons for the line item concerning illegality of their separate provisions.

Authors of the petition refer to Article 132 of Regulations of the Verkhovna Rada of Ukraine (2006, Art. NN23-25, 202) by which it is determined that "if the President of Ukraine did not sign the law adopted by the Verkhovna Rada during de novo review by at least than two thirds of voices of People's Deputies of its constitutional structure, the Chairman of the Verkhovna Rada of Ukraine instantly officially promulgated such law and publishes sheets of the Verkhovna Rada of Ukraine behind the signature", and claim that such law would shall be promulgated and be published signed by the same official.

With respect thereto People's Deputies of Ukraine ask to explain:

"1. Whether the Chairman of the Verkhovna Rada of Ukraine of the V convocation can promulgate the laws which contain the signature of the Chairman of the Verkhovna Rada of Ukraine of the IV convocation, taking into account need of observance of the constitutional regulation of rather immediate promulgation of the law under the above-stated circumstances in this constitutional representation?

2. Whether Ukraine established by the Constitution the procedure of entry into force of the law in case of signing of the law accepted by the Verkhovna Rada of Ukraine of the previous convocation, the Chairman of the Verkhovna Rada of Ukraine of the current convocation will be observed and whether it will meet the constitutional requirements concerning urgency of official promulgation of the laws by the Chairman of the Verkhovna Rada of Ukraine in case of not signing by the President of Ukraine of the law which is repeatedly accepted by the Verkhovna Rada of Ukraine at least than two thirds of voices of People's Deputies of Ukraine of its constitutional structure?

3. Whether shall, before official promulgation of these laws, above-mentioned questions to be regulated by Regulations of the Verkhovna Rada of Ukraine or other legal act in the context of requirements of part two of Article 19 and part four of article 94 of the Constitution of Ukraine?".

2. Constitutional court of Ukraine, resolving the questions which are brought up in the constitutional representation leaves the following.

2.1. The part four of article 94 of the Constitution of Ukraine provides that "if during de novo review the law again is adopted by the Verkhovna Rada of Ukraine at least than two thirds of its constitutional structure, the President of Ukraine shall sign it and promulgate officially within ten days. If the President of Ukraine did not sign such law, it instantly will officially be promulgated by the Chairman of the Verkhovna Rada of Ukraine and published behind its signature".

2.2. The first and second questions which are brought up by People's Deputies of Ukraine in the constitutional representation come down to need of interpretation of the second offer of part four of article 94 of the Constitution of Ukraine. That is the person of law on the constitutional representation wants to find out whether the acting Chairman of the Verkhovna Rada of Ukraine has the right to promulgate and publish the laws signed by the previous Chairman of the Verkhovna Rada of Ukraine and not signed and not promulgated by the President of Ukraine in the established ten-day time taking into account the constitutional requirement of rather immediate making of such actions.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SoyuzPravoInform LLC.