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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of December 11, 2007 No. 12-rp/2007

On case on the constitutional representation of 46 People's Deputies of Ukraine on official interpretation of provisions of Item 12 parts one of article 85 of the Constitution of Ukraine in the context of Article part four provisions 114, parts two, third article 115 of the Constitution of Ukraine (case on procedure for the termination of powers of cabinet ministers of Ukraine)

Case No. 1-21/2007

NAME OF UKRAINE

Constitutional court of Ukraine consisting of judges:

Strizhak Andrey Andreevich - the chairman,

Brintsev Vasily Dmitriyevich,

Golovin Anatoly Sergeyevich,

Dzhunya Vyacheslav Vasilyevich - the speaker,

Didkovsky Anatoly Aleksandrovich,

Dombrovsky Ivan Petrovich,

Kamp Vladimir Mikhaylovich,

Mikhail Ivanovich's ear,

Markush Maria Andreevna,

Machuzhak Yaroslava Vasilyevna,

Stetsyuk Pyotr Bogdanovich,

Tkachuk Pavel Nikolaevich,

Shishkin Victor Ivanovich,

with the assistance of the representative of the person of law on the constitutional representation Kuybida Vasily Stepanovich - the People's Deputy of Ukraine, the Permanent representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine Selivanov Anatoly Aleksandrovich, the Representative of the President of Ukraine in the Constitutional Court of Ukraine Stavniychuk Marina Ivanovna, the Permanent representative of the Cabinet of Ministers of Ukraine in the Constitutional Court of Ukraine Nemchenko Vasily Ivanovich

considered at plenary meeting case on the constitutional representation of 46 People's Deputies of Ukraine on official interpretation of provisions of Item 12 parts one of article 85 of the Constitution of Ukraine in the context of Article part four provisions 114, of parts two, third article 115 of the Constitution of Ukraine.

The constitutional representation of 46 People's Deputies of Ukraine became reason for consideration of the case according to article 39 of the Law of Ukraine "About the Constitutional Court of Ukraine".

The basis for consideration of the case according to part one of article 93 of the Law of Ukraine "About the Constitutional Court of Ukraine" is practical need for official interpretation of provisions of Item 12 parts one of article 85 of the Constitution of Ukraine in the context of Article part four provisions 114, of parts two, third article 115 of the Constitution of Ukraine.

Having heard the judge-speaker Dzhunya V. V., Kuybida V. S., Selivanova A.O. explanations, Stavniychuk M. I., Nemchenko V. I. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation - 46 People's Deputies of Ukraine - appealed to the Constitutional Court of Ukraine with the petition for official interpretation of provisions of Item 12 parts one of article 85 of the Constitution of Ukraine in the context of Article part four provisions 114, of parts two, third article 115 of the Constitution of Ukraine (In? домост? Verkhovno ї For the sake of Ukra§ni, 1996, N 30, Art. 141; 2005, N 2, Art. 44).

People's Deputies of Ukraine prove need for official interpretation by the fact that the specified regulations do not determine accurate procedure and the procedure of release from positions of cabinet ministers of Ukraine and effects of such release therefore in case of application of these provisions there are contradictions concerning their correct understanding representatives of different political forces which are part of the Cabinet of Ministers of Ukraine. Affirms as the constitutional representation that in connection with ambiguous understanding of content of provisions of Item 12 parts one of article 85 of the Constitution of Ukraine arise the conflict situations connected with attempt to remove from structure of the government of the Minister of Foreign Affairs of Ukraine, the Minister of Defence of Ukraine and updating of initiation of consideration in the Verkhovna Rada of Ukraine of question of release of the Prime Minister of Ukraine. According to authors of the petition, in Item provisions 12 parts one of article 85 of the Constitution of Ukraine are not present answers to such questions:

- whether representation of the President of Ukraine in the Verkhovna Rada of Ukraine in case of release from positions of the Prime Minister of Ukraine, the Minister of Defence of Ukraine and the Minister of Foreign Affairs of Ukraine is necessary;

- whether representation of the Prime Minister of Ukraine in case of release from positions of other cabinet ministers of Ukraine is necessary;

- whether leads release from position of the Prime Minister of Ukraine to resignation of all structure of the Cabinet of Ministers of Ukraine;

- what is understood as the term "release of specified persons from positions";

- what the procedure of release from positions of cabinet ministers of Ukraine is.

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