DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of June 9, 1998 No. 8-rp/98

On case on the constitutional representation of the President of Ukraine on official interpretation of provisions of part two of Article 158 and article 159 of the Constitution of Ukraine (case on introduction of amendments to the Constitution of Ukraine)

Case No. 1-26/98

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,

Korniyenk Nikolay Ivanovich,

Kostitsky Mikhail Vasilyevich,

Malinnikova Lyudmila Fiodorovna,

Martinenk Pyotr Fedorovich - the judge-speaker,

Nemchenk Vasily Ivanovich,

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,

with the assistance of the representative of the person of law on the constitutional representation Stychinsky Bronislav Stanislavovich - the First Deputy Minister of Justice of Ukraine, and also recruited in the constitutional implementation of the representative of the Verkhovna Rada of Ukraine Selivanov Anatoly Aleksandrovich - the manager of Department of bonds with judicial bodies of the Secretariat of the Verkhovna Rada of Ukraine considered case on the constitutional representation of the President of Ukraine on official interpretation of provisions of part two of Article 158 and article 159 of the Constitution of Ukraine at plenary meeting.

The constitutional idea of the President of Ukraine of need of official interpretation of provisions of part two of Article 158 and article 159 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 part two of Article 158 and article 159 of the Constitution of Ukraine which provides that the bill of introduction of amendments to the Constitution of Ukraine is considered by the Verkhovna Rada of Ukraine in the presence of conclusion of the Constitutional Court of Ukraine about compliance of such bill to requirements of articles 157 and 158 of the Constitution of Ukraine.

Having heard the judge-speaker Martynenko P. F., Stychinsky B. S. explanation, A. V. Selivanova and having researched case papers, the Constitutional Court of Ukraine established:

1. The president of Ukraine - the person of law on the constitutional representation - asks to give official interpretation of provisions of part two of article 158 of the Constitution of Ukraine by which it is determined that the Verkhovna Rada of Ukraine during the term of the powers cannot change the same provisions of the Constitution of Ukraine twice. In the constitutional representation the question of is raised whether the Verkhovna Rada of Ukraine of the XIII convocation which accepted on June 28, 1996 the new Constitution of Ukraine had the right, without violating requirements of part two of article 158 of the Constitution of Ukraine, to make changes to this Constitution.

The analysis of part two of article 158 of the Constitution of Ukraine gives the grounds for conclusion that it is right the Verkhovna Rada of Ukraine to change provision of the Constitution of Ukraine does not depend on whether the Verkhovna Rada of Ukraine of the XIII convocation accepted the Constitution of Ukraine, or it it was accepted before forming of new structure of parliament. According to part two of article 158 of the Constitution of Ukraine the Verkhovna Rada of Ukraine cannot change the same provisions of the Constitution of Ukraine twice during the term of the powers. I.e., if the Verkhovna Rada of Ukraine of the corresponding convocation made changes to certain provision of the Constitution of Ukraine, then for the second time during the term of the powers she has no right to change this provision of the Constitution of Ukraine.

Therefore, according to part two of article 158 of the Constitution of Ukraine, and also Articles 85, of 154, of 155, of 156, of 157, 159 and Item 2 of the Section XV "Transitional provisions" of the Constitution of Ukraine the Verkhovna Rada of Ukraine of the XIII convocation had the right to make changes to the Constitution of Ukraine of June 28, 1996.

2. The person of law on the constitutional representation asks to give official interpretation of provisions of article 159 of the Constitution of Ukraine about whether conclusion of the Constitutional Court of Ukraine about compliance of the bill of introduction of amendments to the Constitution of Ukraine to requirements of articles 157 and 158 of the Constitution of Ukraine is obligatory for the Verkhovna Rada of Ukraine during its consideration at the plenary session of the Verkhovna Rada of Ukraine.

In the letter of the Chairman of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine it is specified that according to the Constitution of Ukraine for accomplishment only solutions of the Constitutional Court of Ukraine on questions, stipulated in Article 150 Constitutions of Ukraine are obligatory.

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