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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of March 20, 2002 No. 4-rp/2002

On case on the constitutional provision of the Ministry of Internal Affairs of Ukraine of rather official interpretation of provisions of article 86 of the Constitution of Ukraine, and also part two of Article 15 and part one of article 16 of the Law of Ukraine "About the status of the People's Deputy of Ukraine" (case on requests and appeals of People's Deputies of Ukraine to bodies of inquiry and pretrial investigation)

Case No. 1-11/2002

NAME OF UKRAINE

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

Victor Egorovich's buffoons - the chairman,

Voznyuk Vladimir Denisovich,

Evgrafov Pavel Borisovich,

Ivashchenko Vladimir Ivanovich,

Kozyubra Nikolay Ivanovich,

Korniyenko Nikolay Ivanovich,

Kostitsky Mikhail Vasilyevich,

Malinnikova Lyudmila Fiodorovna,

Mironenko Alexander Nikolaevich,

Nemchenko Vasily Ivanovich,

Rozenko Vitaly Ivanovich,

Savenko Nikolay Dmitriyevich,

Selivon Nikolay Fedosovich,

Silent Vladimir Pavlovich,

Chubar Lyudmila Panteleevna,

Shapoval Vladimir Nikolaevich - the judge-speaker,

N2790-XII in edition of the Law of Ukraine of March 22, 2001 of N2328-III considered at plenary meeting case of rather official interpretation of provisions of article 86 of the Constitution of Ukraine, and also part two of Article 15 and part one of article 16 of the Law of Ukraine "About the status of the People's Deputy of Ukraine" of November 17, 1992 (In? домост? Verkhovno є For the sake of Ukra¾ni, 2001, N 42, the Art. 212).

The constitutional representation of the Ministry of Internal Affairs 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 part one of article 93 of the Law of Ukraine "About the Constitutional Court of Ukraine" is practical need for examination and explanation of provisions of the specified articles of the Constitution of Ukraine and the Law of Ukraine "About the status of the People's Deputy of Ukraine" concerning content of the right of the People's Deputy of Ukraine to request in law-enforcement bodies.

Having heard the judge-speaker Shapoval V. M. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation - the Ministry of Internal Affairs of Ukraine - appealed to the Constitutional Court of Ukraine with the petition to give official interpretation of provisions of article 86 of the Constitution of Ukraine and Articles 12, 19 Laws of Ukraine "About the status of the People's Deputy of Ukraine" of November 17, 1992 to N2790-XII concerning the right of the People's Deputy of Ukraine "address to law-enforcement bodies, tax police and the Security Service of Ukraine with requests and addresses which contain requirements, instructions, to the offer which concern specific criminal cases".

The Ministry of Internal Affairs of Ukraine noted that according to article 86 of the Constitution of Ukraine and article 12 of the Law of Ukraine "About the status of the People's Deputy of Ukraine" the request of the People's Deputy of Ukraine provides receipt of the official answer on certain questions, but "shall not contain instructions about implementation of specific legal proceedings in the course of investigation of specific criminal cases and concerning acceptance on them specific decisions". Also and in the deputy circulation of the offer to make certain actions cannot concern specific criminal cases as such questions cannot be considered as connected with activities of People's Deputies of Ukraine.

2. After opening of implementation after it to case the Law of Ukraine "About introduction of amendments to the Law of Ukraine "About the status of the People's Deputy of Ukraine" of March 22, 2001 N2328-III by which the Law of Ukraine "About the status of the People's Deputy Ukraine" is reworded as follows took effect.

In the new edition of the Law of Ukraine "About the status of the People's Deputy of Ukraine" regulations on deputy request and the deputy address which are subject of official interpretation are kept, but stated respectively in part two of Article 15 and part one of Article 16, i.e. on the changed numbering of Articles. With respect thereto interpretation of the specified provisions of the Law of Ukraine "About the status of the People's Deputy of Ukraine" is carried out according to new numbering of Articles.

3. The constitutional court of Ukraine in official interpretation of provisions of part one of article 86 of the Constitution of Ukraine recognizes that bodies in which the People's Deputy of Ukraine can make inquiry determine only bodies of the Verkhovna Rada of Ukraine and the Cabinet of Ministers of Ukraine. Besides, the request of the People's Deputy of Ukraine can be addressed to heads of other public authorities and local government bodies, and also to heads of the companies, organizations and organizations located in the territory of Ukraine irrespective of their subordination and patterns of ownership.

According to provisions of part one of article 16 of the Law of Ukraine "About the status of the People's Deputy of Ukraine" the People's Deputy of Ukraine also "has the right to the deputy appeal to public authorities and local government bodies, to their officials, heads of the companies, organizations and organizations, irrespective of patterns of ownership and subordination, associations of citizens on the questions connected with deputy activities".

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