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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of July 7, 1998 No. 11-rp/98

On case on the constitutional representation of the President of Ukraine on official interpretation of parts two and third Article 84 and parts two and the fourth article 94 of the Constitution of Ukraine (case on voting procedure and de novo review of the laws by the Verkhovna Rada of Ukraine)

Case No. 1-19/98

NAME OF UKRAINE

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

Timchenk Ivan Artemyevich - the chairman,

Voznyuk Vladimir Denisovich,

Evgrafov Pavel Borisovich,

Kozyubra Nikolay Ivanovich,

Korniyenko Nikolay Ivanovich,

Malinnikova Lyudmila Fiodorovna,

Martynenk Pyotr Fedorovich - the judge-speaker,

Mironenko Alexander Nikolaevich,

Rozenko Vitaly Ivanovich,

Savenko Nikolay Dmitriyevich,

Selivon Nikolay Fedosovich,

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, Podpalov of Leonid Vasilyevichazamestitel of the Chief of Presidential Administration of Ukraine, and also representatives of the Verkhovna Rada of Ukraine recruited in the constitutional implementation Selivanov of Anatoly Aleksandrovichazaveduyushchego of Department of bonds with judicial bodies of the Secretariat of the Verkhovna Rada of Ukraine, Anatoly Pavlovich's Hare - the first deputy chief of Scientific and expert management of the Secretariat of the Verkhovna Rada of Ukraine and Kopylenko Alexander Lyubimovich - the deputy manager of Legal management of the Secretariat of the Verkhovna Rada of Ukraine, considered at plenary meeting case on the constitutional representation of the President of Ukraine on official interpretation of provisions of parts two and third Article 84 and parts two and the fourth article 94 of the Constitution of Ukraine.

The constitutional idea of the President of Ukraine of need of official interpretation of provisions of parts two and third Article 84 and parts two and the fourth article 94 of the Constitution of Ukraine became pretext for consideration of the case according to articles 39, of 41 Law of Ukraine "About the Constitutional Court of Ukraine".

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 official interpretation of provisions of parts two and third article 84 of the Constitution of Ukraine which provide that the decision of the Verkhovna Rada of Ukraine are accepted only at its plenary meetings by vote which is performed by the People's Deputy of Ukraine personally, and provisions of parts two and the fourth article 94 of the Constitution of Ukraine which determine terms of signing and the official bringing to publicity of the law by the President of Ukraine and procedure for de novo review of the law returned by the President of Ukraine with the motivated and formulated offers in the Verkhovna Rada of Ukraine.

Having heard the judge-speaker Martynenko of Item F., Podpalov L. V. explanations., Selivanova A. O., A.P., Kopylenko O. L. Hare. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation brings up question of need of interpretation of provision of part two of article 84 of the Constitution of Ukraine as separate bills or amendments to them are put presiding over the plenary sessions of the Verkhovna Rada of Ukraine to the vote several times in a row without any changes, and it does not follow from content of part two of article 84 of the Constitution of Ukraine and contradicts requirements of Regulations of the Verkhovna Rada of Ukraine.

In the letter of the Chairman of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine about it it is specified that the part two of article 84 of the Constitution of Ukraine does not determine the number of votes by which decisions of the Verkhovna Rada of Ukraine therefore this question needs legislative settlement are made.

The constitutional court of Ukraine in official interpretation of provision of part two of article 84 of the Constitution of Ukraine recognizes that the Verkhovna Rada of Ukraine is public authority which activities first of all it is aimed at providing national representation and identification of the state freedom with adoption of the laws by vote of People's Deputies of Ukraine.

Vote in the Verkhovna Rada of Ukraine in the context of part two of article 84 of the Constitution of Ukraine is operation with which at plenary meeting discussion of drafts of the laws comes to the end, of resolutions, other acts and decisions of the Verkhovna Rada of Ukraine (article 91 of the Constitution of Ukraine) and which is performed by People's Deputies of Ukraine personally are made. Decisions the Verkhovna Rada of Ukraine also rejects bills, their separate parts and amendments to them after their discussion.

The laws, resolutions and other acts which during vote at the plenary sessions of the Verkhovna Rada of Ukraine were supported established by a majority vote it the constitutional structure are considered as accepted. The constitution of Ukraine establishes certain conditions of acceptance and the bringing to publicity of the laws which become effective according to part three of Article 57 and part five of article 94 of the Constitution of Ukraine.

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