DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of July 1, 1998 No. 9-rp

On the case of the constitutional representation of the President of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of part four of Article 3, Article parts two 5, parts two and the seventh Article 7 and part five of article 29 of the Law of Ukraine "About privatization of state-owned property" (in edition of the Law of Ukraine "About introduction of amendments to the Law of Ukraine "About privatization of property of the state companies" of February 19, 1997) (case on privatization of state-owned property)

Case No. 01/1501-97 No. 1-8/98

NAME OF UKRAINE

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

Timchenko Ivan Artemyevich - the chairman,

Voznyuk Vladimir Denisovich,

Evgrafov Pavel Borisovich,

Kozyubra Nikolay Ivanovich,

Korniyenko Nikolay Ivanovich,

Kostitsky Mikhail Vasilyevich,

Malinnikova Lyudmila Fiodorovna - the judge-speaker,

Martynenko Pyotr Fedorovich,

Mironenko Alexander Nikolaevich,

Nemchenko Vasily Ivanovich,

Rozenko Vitaly Ivanovich,

Savenko Nikolay Dmitriyevich,

Victor Egorovich's buffoons,

Silent Vladimir Pavlovich,

Chubar Lyudmila Panteleevna,

with the assistance of the representative of the President of Ukraine, the person of law on the constitutional representation, Stychinsky Bronislav Stanislavovichapervy of the deputy minister of justice of Ukraine, and also representatives of the Verkhovna Rada of Ukraine recruited in the constitutional production Ugarov Gennady Yuryevich - the People's Deputy of Ukraine, the chairman of subcommittee of Committee of the Verkhovna Rada of Ukraine concerning economic policy and management of the national economy of Ukraine and Selivanov Anatoly Aleksandrovich - the head of department of bonds with judicial bodies of the Secretariat of the Verkhovna Rada of Ukraine,

considered at plenary meeting case on the constitutional representation of the President of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of part four of Article 3, to Article part two 5, of parts two and the seventh Article 7 and part five of article 29 of the Law of Ukraine "About privatization of state-owned property" (in edition of the Law of Ukraine "About introduction of amendments to the Law of Ukraine "About privatization of property of the state companies" of February 19, 1997 N89/97, further - the Law of Ukraine "About privatization of state-owned property").

Reason for consideration of the case according to Articles 39, 40 Laws of Ukraine "About the Constitutional Court of Ukraine" became the constitutional idea of the President of Ukraine of discrepancy of the Constitution of Ukraine of separate provisions of the Law of Ukraine "About privatization of state-owned property".

The basis for consideration of the case according to part one of article 71 of the Law of Ukraine "About the Constitutional Court of Ukraine" is availability of matters of argument on constitutionality of provisions of the Law of Ukraine "About privatization of state-owned property" on privatizations of property of utility property, determination of the status of Fund of state-owned property of Ukraine, other questions connected with procedure for carrying out privatization of objects of property of state-owned property.

Having heard the judge-speaker Malinnikova L. F., Stychinsky B. S., Ugarov G. Yu. explanations., Selivanova A. O. and having researched case papers, the Constitutional Court of Ukraine ESTABLISHED:

1. In the constitutional representation the President of Ukraine, referring to part the second article 8 of the Constitution of Ukraine, brought up question of discrepancy of the Constitution of Ukraine of separate provisions of the Law of Ukraine "About privatization of state-owned property".

The person of law on the constitutional representation, in particular, considers that Constitutions of Ukraine of provision of part four of Article 3 and part seven of article 7 of the Law which contrary to part three to article 41 of the Constitution of Ukraine extend provision of the specified Law to privatization of utility property owing to what the utility property is automatically included in structure of state-owned property do not answer. At the same time in the Law of Ukraine "About privatization of state-owned property", proceeding from its name, questions of privatization only of objects of state-owned property shall be settled.

In objections on the arguments stated in the constitutional representation the Chairman of the Verkhovna Rada of Ukraine, having agreed with determination by the Constitution of Ukraine of the independent status of objects of utility property, specified that as the separate legal act concerning privatization of objects of utility property is not adopted and the mechanism of privatization of these objects is absent, the procedure for their privatization is determined by this Law which does not contradict part three of article 41 of the Constitution of Ukraine.

Solving this dispute, the Constitutional Court of Ukraine recognizes that regulation of the relations of property is enshrined in the Constitution of Ukraine which determined circle of objects and persons of law of property (Article 13, of 41, of 142, of 143), equality of all persons of law of property (Article 13), guarantee of the property right and obligation of owners (Articles 13, of 41) and determined that the legal regime of property has to be determined only by the laws of Ukraine (Item 7 parts one of Article 92).

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