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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of July 6, 1999 No. 7-rp/99

In case on the constitutional representation of 49 People's Deputies of Ukraine and executive committee of the Vinnytsia city council on official interpretation of provisions of Articles 38, 78 Constitutions of Ukraine, Articles 1, 10, 12, parts two of article 49 of the Law of Ukraine "About local self-government in Ukraine" (case on combining jobs of positions of the People's Deputy of Ukraine and the mayor)

Case No. 1-25/99

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 - the judge-speaker,

Kostitsky Mikhail Vasilyevich,

Martynenko Pyotr Fedorovich,

Mironenko Alexander Nikolaevich,

Nemchenko Vasily Ivanovich,

Rozenko Vitaly Ivanovich,

Savenko Nikolay Dmitriyevich,

Selivon Nikolay Fedosovich,

Victor Egorovich's buffoons,

Silent Vladimir Pavlovich,

Chubar Lyudmila Panteleevna,

with the assistance of representatives of persons of law on the constitutional representation: People's Deputies of Ukraine, executive committee of the Vinnytsia city council - Reva Andrey Alekseevich, the deputy of the Vinnytsia regional council, Slishinsky Vladimir Ivanovichanachalnik of information and analytical management of the Vinnytsia city council, Shevchuk Oksana of Viktorovna - the head of legal department of Ltd company "Ukrzhilservice", the deputy of Ukraine, Selivanov of Anatoly Aleksandrovichapostoyanny of the representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine, and also Nosov Vladislav Vasilyevich recruited in consideration of the case from the Verkhovna Rada of Ukraine by Moiseenko of Vladimir Nikolayevichanarodny - the Permanent representative of the President of Ukraine in the Constitutional Court of Ukraine,

considered at plenary meeting case on the constitutional representation of People's Deputies of Ukraine of November 10, 1998 and executive committee of the Vinnytsia city council of October 5 and 10, 1998 on official interpretation of provisions of Articles 38, 78 Constitutions of Ukraine, Articles 1, of 10, of 12, of part two of article 49 of the Law of Ukraine "About local self-government in Ukraine".

Reason for consideration of the case according to Articles 39, 40 Laws of Ukraine "About the Constitutional Court of Ukraine" became the specified representations of People's Deputies of Ukraine and executive committee of the Vinnytsia city council.

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 clarification of provisions of Articles 38, 78 Constitutions of Ukraine, Articles 1, of 10, of 12, of part two of article 49 of the Law of Ukraine "About local self-government in Ukraine" about possibility of implementation by the People's Deputy of Ukraine of the powers on permanent basis with simultaneous stay to the mayor's positions.

The board of judges of the Constitutional Court of Ukraine on the constitutional representations and addresses resolutions of February 4, 1999 opened the constitutional productions on cases on the constitutional representations of People's Deputies of Ukraine and executive committee of the Vinnytsia city council and as they concern one question, according to article 58 of the Law of Ukraine "About the Constitutional Court of Ukraine" combined them in one constitutional proceeedings.

Having heard the judge-speaker Evgrafov of the Item B., Reva A. O. explanation., Slishinsky V. I., Shevchuk O. V., Moiseenka V. M., Selivanova A.O., Nosova V. V. and having researched case papers, the Constitutional Court of Ukraine established:

1. In the constitutional representation of People's Deputies of Ukraine and executive committee of the Vinnytsia city council it is specified that according to part one of article 38 of the Constitution of Ukraine citizens have the right freely to choose and be elected to public authorities and local government bodies. Referring to this regulations and provision of the Fundamental Law that constitutional rights and freedom of man and citizen are guaranteed and cannot be cancelled (Article part two 22), and also cannot be limited, except the cases provided by the Constitution of Ukraine (Article part one 64), persons of law on the constitutional representation claim that "the right to be elected at the same time as is provided to citizens to public authorities (in this case - in the Verkhovna Rada of Ukraine), and in local government bodies".

Local government bodies, elections to which happen also based on general, equal and direct suffrage by secret vote, councils are rural, settlement, city (Article 71, part one of article 141 of the Constitution of Ukraine). On the same basis territorial communities choose for a period of four years according to rural, settlement and the mayor who heads executive body of council and presides over its meetings (part two of article 141 of the Constitution of Ukraine).

For permission of the questions raised in the constitutional representation the provision of Article 78 and part three of article 141 of the Constitution of Ukraine by which the status of chairmen, deputies and executive bodies of village, settlement, city council and their power, procedure for education, reorganization, liquidations are determined by the law is basic. It is the Law of Ukraine "About local self-government in Ukraine" of May 21, 1997 N280/97-BP.

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