DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of June 23, 1997 No. 2-zp

In the matter of relatively compliance of the Constitution of Ukraine (constitutionality) of provision of the subitem 2 of Item 3 of the Section IV of the Law of Ukraine "About the Constitutional Court of Ukraine" concerning legal acts of bodies of the Verkhovna Rada of Ukraine (case on acts of bodies of the Verkhovna Rada of Ukraine)

Case No. 3/35-313

NAME OF UKRAINE

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

Rozenk Vitaly Ivanovich - the chairman,

Voznyuk Vladimir Denisovich,

Kozyubra Nikolay Ivanovich,

Kostitsky Mikhail Vasilyevich,

Malinnikova Lyudmila Fiodorovna,

Martynenk Pyotr Fedorovich,

Mironenk Alexander Nikolaevich,

Nemchenk Vasily Ivanovich,

Owlet Nikolay Dmitriyevich,

Selivon Nikolay Fedosovich,

Victor Egorovich's buffoons,

Silent Vladimir Pavlovich,

Chubar Lyudmila Panteleevna,

Yatsenk Stanislav Sergeyevich

with the assistance of the representative of the person of law on the constitutional representation - People's Deputies of Ukraine - Shishkin Victor Ivanovich and the representative from the Verkhovna Rada of Ukraine Selivanov Anatoly Aleksandrovich, being guided by article 150 of the Constitution of Ukraine, Item 1 of Article 1Z, Articles 40, 51 and 65 Laws of Ukraine "About the Constitutional Court of Ukraine", considered at plenary meeting case on reference to jurisdiction of the Constitutional Court of Ukraine of question of compliance of the Constitution of Ukraine (constitutionality) of legal acts of the bodies of the Verkhovna Rada of Ukraine accepted before enforcement of the Constitution of Ukraine.

The constitutional representation of People's Deputies of Ukraine became pretext for consideration of the case according to articles 39 and 40 of the Law of Ukraine "About the Constitutional Court of Ukraine".

Dispute availability concerning distribution of jurisdiction of the Constitutional Court of Ukraine on questions of compliance of the Constitution of Ukraine of the laws and other legal acts adopted before enforcement of the Constitution of Ukraine on legal acts of bodies of the Verkhovna Rada of Ukraine became the basis for consideration of the case according to part one of Article 71 and article 75 of the Law of Ukraine "About the Constitutional Court of Ukraine".

The person of law on the constitutional representation - People's Deputies of Ukraine - considers that Item 1 of article 150 of the Constitution of Ukraine contains exhaustive list of bodies which legal acts can be subject of consideration of the Constitutional Court, in particular specifies the Verkhovna Rada of Ukraine as on body in which reprezentovana all People's Deputies of Ukraine whereas in the subitem 2 of Item 3 of the Section IV of the Law of Ukraine "About the Constitutional Court of Ukraine" it is groundless the expanding interpretation of noted article of the Constitution by specifying not only on the Verkhovna Rada of Ukraine is allowed, but also on its bodies in this connection asks to recognize unconstitutional this provision (the phrase of "its bodies") of the subitem 2 of Item 3 of the Section IV of the Law of Ukraine "About the Constitutional Court of Ukraine", accepted by the Verkhovna Rada of Ukraine on October 16, 1996 for N422/96-BP.

The explanation of the Chairman of the Verkhovna Rada of Ukraine Moroz O. O. contains approval that in Item of 1 part one of article 150 of the Constitution of Ukraine the term of "other legal acts of the Verkhovna Rada of Ukraine" covers also acts of Presidium of the Verkhovna Rada of Ukraine as till 1992 Presidium of the Verkhovna Rada as body accountable to it carried out separate powers of the Verkhovna Rada, including during the intersession period, in case of need, issued decrees which made changes and additions to the existing legal acts of Ukraine, with obligatory submission of such decrees on approval of regular session of the Verkhovna Rada (as of June 28, 1996 twelve such decrees are not approved by the Verkhovna Rada of Ukraine); The presidium of the Verkhovna Rada accepted as well resolutions, including normative nature. I.e., the Presidium of the Verkhovna Rada of Ukraine actually made decisions on questions which under the Constitution of Ukraine are carried to competence of the Verkhovna Rada of Ukraine.

Having heard the judge-speaker Yatsenko S. S., explanations of the representative of the person of law on the constitutional representation Shishkin V. I. and the representative of the Verkhovna Rada of Ukraine Selivanov A. V., having analyzed the materials collected on case, the Constitutional Court of Ukraine established:

1. Item 1 of article 150 of the Constitution of Ukraine carries to powers of the Constitutional Court of Ukraine solutions of questions of compliance of the Constitution of Ukraine (constitutionality) of the laws and other legal acts of the Verkhovna Rada of Ukraine, acts of the President of Ukraine, acts of the Cabinet of Ministers of Ukraine, legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea.

The subitem 2 of Item 3 of the Section IV "Prikonechny and transitional provisions" of the Law of Ukraine "About the Constitutional Court of Ukraine" extends jurisdiction of the Constitutional Court of Ukraine on questions of compliance of the Constitution of Ukraine (constitutionality) to the laws of Ukraine and other legal acts of the Verkhovna Rada of Ukraine, its bodies, acts of the President of Ukraine, acts of the Cabinet of Ministers of Ukraine, legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea adopted before enforcement of the Constitution of Ukraine.

Distribution of jurisdiction of the Constitutional Court of Ukraine on the laws and other legal acts adopted before enforcement of the Constitution of Ukraine (on June 28, 1996) in principle is approved with Item 1 of the Section XV "Transitional provisions" of the Constitution of Ukraine: "The laws and other regulations adopted before enforcement of this Constitution are acting in part which does not contradict the Constitution of Ukraine".

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