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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of December 25, 1997 No. 9-zp

On the case of the constitutional address of citizens of Protsenko Raisa Nikolaevna, Yaroshenko Polina of Petrovna and other citizens about official interpretation of Articles 55, 64, 124 Constitutions of Ukraine (case on addresses of residents Yellow Waters)

Cases No. 18/1203-97, No. 18/1205-97, No. 18/1206-97, No. 18/1207-97, No. 18/1208-97, No. 18/1209-97, No. 18/1210-97, No. 18/1211-97, No. 18/1212-97, No. 18/1213-97, No. 18/1214-97, No. 18/1215-97, No. 18/1216-97, No. 18/1217-97, No. 18/1218-97, No. 18/1219-97, No. 18/1220-97, No. 18/1221-97, No. 18/1222-97, No. 18/1223-97, No. 18/1314-97

NAME OF UKRAINE

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

Timchenka Ivana Artemyevich - the chairman,

Voznyuk Vladimir Denisovich,

Evgrafov Pavel Borisovich,

Kozyubra Nikolay Ivanovich,

Korniyenk Nikolay Ivanovich,

Kostitsky Mikhail Vasilyevich,

Malinnikova Lyudmila Fiodorovna,

Martynenk Pyotr Fedorovich,

Mironenk Alexander Nikolaevich,

Rozenk Vitaly Ivanovich,

Owlet Nikolay Dmitriyevich,

Selivon Nikolay Fedosovich,

Victor Egorovich's buffoons,

Silent Vladimir Pavlovich,

Chubar Lyudmila Panteleevna,

Shapoval Vladimir Nikolaevich,

Yatsenk Stanislav Sergeyevich,

The address of citizens of Adamanov Emir Sal, Bondarenko Vera Nikolaevna, Velikant Valentin Kirillovich, Doroshenko Svetlana Aleksandrovna, 3inchenka Vladimir Ivanovich, Irkibayev Kuvandyk 3ingaziyevicha, the Kobza player Nikolay Fedorovich, Kudin Mikhail Semenovich, Kulshenko Yemelyan Ivanovich, Lyagushina Larisa Mefodiyevna, Melnik Fedor Nikolaevich, Naumchik Alexander Dmitriyevich, Pan-other Lyubov Mikhaylovna, Pashchenko Mikhail Vladimirovich, Pashchenko Lyubov Andreevna, Protsenko Raisa Nikolaevna, Sapsay 3oi Ivanovna, Skripnik Fedor Ivanovich, Smalk Vladimir Nikolaevich, Stets Vladimir Leonidovich, Yaroshenko Polina Petrovna of rather official interpretation of Articles 8, of 55, of 56, of 64, of 65, of 68, of 86, 124 Constitutions of Ukraine and article 24 of the Law of Ukraine "About consumer protection" of May 12, 1991 N1023-XII with the following changes and amendments became pretext for consideration of the case.

The refusal of courts of law in adoption of actions for declaration of the specified citizens to the Cabinet of Ministers of Ukraine about accomplishment of obligations on bonds State target interest-free loan of 1990 and compensation of moral damage became the basis for consideration of the case.

Persons of law on the constitutional address, referring to violation of their constitutional right on judicial protection, declared the petition of rather official interpretation of Articles 8, of 55, of 56, of 64, of 65, of 68, of 86, 124 Constitutions of Ukraine, and also article 24 of the Law of Ukraine "Consumer protection".

Having heard the judge-speaker Savenko Nikolay Dmitriyevich and having researched case papers, the Constitutional Court of Ukraine established:

1. Persons of law on the constitutional address in January, 1997 appealed to Zheltovodsky city court (The Dnipropetrovsk region) with actions for declaration in the Cabinet of Ministers of Ukraine about accomplishment of the obligation on bonds State target interest-free loan of 1990 and compensation of moral damage.

By judge's rulings of Zheltovodsky city court it was refused adoption of actions for declaration as such which are not subject to consideration in courts according to Item 1 of Article 136 of the Code of civil procedure of Ukraine. The Dnipropetrovsk regional court left the specified resolutions without changes.

Refusing adoption of actions for declaration, courts referred to explanation of judicial board in civil cases of the Supreme Court of Ukraine (1996) that determination of procedure, conditions of the redemption and compensation of losses from depreciation of securities, bonds State target interest-free loan of 1990 is competence of the Cabinet of Ministers of Ukraine and disputes over these questions are not subordinated to courts.

At the same time, the Plenum of the Supreme Court of Ukraine in the resolution "About Application of the Constitution of Ukraine when Implementing Justice" of November 1, 1996 N9 made explanation about jurisdiction to courts of all disputes on protection of the rights and freedoms of citizens.

2. Part one of article 55 of the Constitution of Ukraine contains general regulation which means the right of everyone to take a legal action if its rights or freedoms are mentioned or are mentioned, is created or obstacles for their realization are created or other infringements of the rights and freedoms take place. The specified regulation obliges courts to take cognizance of statements even in case of absence in the law of special regulations on judicial protection.

The refusal of court in adoption of claim and other statements or claims which meet the requirements established by the law is violation of the right to judicial protection which according to article 64 of the Constitution of Ukraine cannot be limited.

Thus, the provision of part one of article 55 of the Constitution of Ukraine fixes one of the most important guarantees of implementation of both constitutional, and other rights and freedoms of man and citizen.

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