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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of January 28, 2003 No. 2-rp/2003

On case on the constitutional representation of the President of Ukraine on official interpretation of provisions of Item 15 parts one of article 106 of the Constitution of Ukraine (case on powers of the President of Ukraine to reorganize the central executive bodies)

Case No. 1-1/2003

NAME OF UKRAINE

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

Selivon Nikolay Fedosovich - the chairman,

Voznyuk Vladimir Denisovich,

Evgrafov Pavel Borisovich,

Ivashchenko Vladimir Ivanovich,

Malinnikova Lyudmila Fiodorovna,

Mironenko Alexander Nikolaevich,

Nemchenko Vasily Ivanovich,

Savenko Nikolay Dmitriyevich - the judge-speaker,

Victor Egorovich's buffoons,

Timchenko Ivan Artemyevich,

Silent Vladimir Pavlovich,

Chubar Lyudmila Panteleevna,

Shapoval Vladimir Nikolaevich,

with the assistance of representatives of the person of law on the constitutional representation Nosov Vladislav Vasilyevich - the Permanent representative of the President of Ukraine in the Constitutional Court of Ukraine, Savenko Alexander Nikolaevich - the chief of the department on bonds with mass media and public authorities of Head department of information policy of Administration of the President of Ukraine; Selivanov Anatoly Aleksandrovich - the Permanent representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine,

considered at plenary meeting case on the constitutional representation of the President of Ukraine on official interpretation of provisions of Item 15 parts one of article 106 of the Constitution of Ukraine.

The constitutional representation of the President of Ukraine became reason 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 examination and official interpretation of provisions of Item 15 parts one of article 106 of the Constitution of Ukraine.

Having heard the judge-speaker Savenko M. D., Nosov V. V., Savenko O. M., Selivanov A. O. explanations. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation is the President of Ukraine - appealed to the Constitutional Court of Ukraine with the petition to allow official interpretation of provisions of Item 15 parts one of article 106 of the Constitution of Ukraine about powers of the President of Ukraine to reorganize the ministries and other central executive bodies which names are applied in the Constitution of Ukraine.

The president of Ukraine considers that according to the specified regulation of the Constitution of Ukraine he has the right to reorganize the ministries and other central executive bodies on representation of the Prime Minister of Ukraine. At the same time any restrictions concerning implementation of these powers are not provided. In his opinion reorganization of the State committee of television by it and broadcastings of Ukraine does not violate the Constitution of Ukraine because "the name of state body determined by the Fundamental Law is fully kept and even powers are expanded and the status of this body is raised". In the constitutional representation it is noted that "such changes will not lead also to narrowing of powers of the Verkhovna Rada of Ukraine" in view of the fact that the candidacy to position of the chairman of the reorganized state committee shall be agreed with the Verkhovna Rada of Ukraine surely.

2. At plenary meeting of the Constitutional Court of Ukraine Nosov V. V. noted that during in Ukraine administrative reform for the purpose of increase in efficiency of activities of executive bodies there was urgent need in their reforming. The president of Ukraine reorganized the State committee of television and broadcasting of Ukraine that, in his opinion, does not violate the Constitution of Ukraine as at the same time the name of the state body fixed in the Fundamental Law of Ukraine is kept, the candidacy to position of the chairman of the reorganized state committee was agreed with the Verkhovna Rada of Ukraine. The president of Ukraine considers that he can reorganize any ministries and other central executive bodies.

In the performance Savenko O. M. supported the petition of the President of Ukraine for provision of official interpretation of provisions of Item 15 parts one of article 106 of the Constitution of Ukraine.

According to Selivanov A. O., the President of Ukraine can form, reorganize and liquidate the ministries and other central executive bodies, but not those which are determined by the Constitution of Ukraine. Item provisions 15 parts one of article 106 of the Constitution of Ukraine concern all bodies, except those which are fixed in the Constitution of Ukraine, in particular the State committee of television and broadcasting of Ukraine. Without introduction of amendments to the Constitution of Ukraine reorganization or change of the name of such bodies are impossible.

3. Constitutional court of Ukraine in case of official interpretation of provisions of Item 15 parts one of article 106 of the Constitution of Ukraine in aspect of the question of powers of the President of Ukraine which is brought up in the constitutional representation to reorganize the central executive bodies proceeds from interpretation of this regulation in interrelation with other provisions of the Constitution of Ukraine.

The constitution of Ukraine determines bases and the mechanism of implementation of the government. Public authorities, their officials shall act only on the basis of the, within powers and method which are provided by the Constitution and the laws of Ukraine (part two of article 19 of the Constitution of Ukraine). Regulatory legal acts shall be adopted based on the Constitution of Ukraine and answer it (part two of article 8 of the Constitution of Ukraine).

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