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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of March 11, 2003 No. 6-rp/2003

On case on the constitutional representation of 73 People's Deputies of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of the veto of the Law of Ukraine which is rather adopted by the Verkhovna Rada of Ukraine performed by the President of Ukraine "About introduction of amendments to article 98 of the Constitution of Ukraine" and offers to it (case concerning the veto on the law on introduction of amendments to the Constitution of Ukraine)

Case No. 1-7/2003

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,

Kostitsky Mikhail Vasilyevich,

Malinnikova Lyudmila Fiodorovna,

Mironenko Alexander Nikolaevich,

Nemchenko Vasily Ivanovich,

Rozenko Vitaly Ivanovich,

Savenko Nikolay Dmitriyevich - the judge-speaker,

Victor Egorovich's buffoons,

Timchenko Ivan Artemyevich,

Silent Vladimir Pavlovich,

Chubar Lyudmila Panteleevna,

Shapoval Vladimir Nikolaevich,

considered at plenary meeting case on the constitutional representation of 73 People's Deputies of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of the veto of the Law of Ukraine which is rather adopted by the Verkhovna Rada of Ukraine performed by the President of Ukraine "About introduction of amendments to article 98 of the Constitution of Ukraine" of January 17, 2002 N2983-III and offers to it.

Reason for consideration of the case according to Articles 39, 40 Laws of Ukraine "About the Constitutional Court of Ukraine" became the constitutional representation of 73 People's Deputies of Ukraine.

The basis for consideration of the case according to Articles 71, 75 Laws of Ukraine "About the Constitutional Court of Ukraine" are availability of dispute on constitutionality of the veto of the Law of Ukraine which is rather adopted by the Verkhovna Rada of Ukraine performed by the President of Ukraine "About introduction of amendments to article 98 of the Constitution of Ukraine" and offers to it.

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

1. The person of law on the constitutional representation - 73 national deputies of Ukraine - appealed to the Constitutional Court of Ukraine with the petition to consider question concerning compliance of the Constitution of Ukraine (constitutionality) of the act of the President of Ukraine - the veto of the President of Ukraine and offers to the Law of Ukraine adopted by the Verkhovna Rada of Ukraine "About introduction of amendments to article 98 of the Constitution of Ukraine" (further - the Law) which provides implementation by Audit Chamber of parliamentary control of forming and accomplishment of the Government budget of Ukraine and local budgets in the corresponding part.

In the constitutional representation it is specified that the Law accepted on January 17, 2002 by the Verkhovna Rada of Ukraine after signing by the Chairman of the Verkhovna Rada of Ukraine was sent to the President of Ukraine who performed the veto concerning the Law and returned it to the Verkhovna Rada of Ukraine for de novo review.

People's Deputies of Ukraine refer to the fact that according to Item of 1 part one of article 85 of the Constitution of Ukraine introduction of amendments to the Constitution of Ukraine in the borders and procedure provided by the Section XIII of the Constitution of Ukraine is referred to powers of the Verkhovna Rada of Ukraine. The procedure of consideration and adoption of such laws differs from established for the regular laws.

The person of law specifies the constitutional representation that the veto of the President of Ukraine of the laws which are rather adopted by the Verkhovna Rada of Ukraine is "legal act" of the President of Ukraine as involves legal effects in the form of cancellation of the last results vote for the law and opening of the procedure of its de novo review.

People's Deputies of Ukraine consider that the veto of the President of Ukraine and the offer to the Law contradict the Constitution of Ukraine, and ask to recognize them unconstitutional.

2. In the letter in the Constitutional Court of Ukraine the President of Ukraine noted that the Section XIII of the Constitution of Ukraine "establishes features of provision in the Verkhovna Rada of Ukraine and adoption by it of bills of introduction of amendments to the Constitution of Ukraine" and does not regulate questions of their signing, the bringing to publicity and use of the veto concerning them. Determining powers of the Verkhovna Rada of Ukraine as regulatory authority, the Constitution of Ukraine refers to them adoption of the laws, without allocating those which make changes to the Constitution of Ukraine (Item 3 parts one of Article 85). Without division into any categories 106 Constitutions of Ukraine and questions of signing, the bringing to publicity by the President of Ukraine of the laws adopted by parliament and use of the veto concerning them are solved in Articles 94,.

The president of Ukraine notes that the Constitution of Ukraine determines specific forms of acts of the President of Ukraine - decrees and orders (Article part three 106). Proposals of the President of Ukraine to the laws adopted by the Verkhovna Rada of Ukraine which as follows from article 94 of the Constitution of Ukraine, is "contents of the veto" the President of Ukraine of rather adopted laws are not carried by the Constitution of Ukraine to acts of the President of Ukraine. It is one of forms of participation of the head of state in legislative process.

According to the Chairman of the Verkhovna Rada of Ukraine, the Constitution of Ukraine, giving to the Verkhovna Rada of Ukraine authority to make changes to the Fundamental Law of Ukraine, determined "another, special, procedure for adoption of such bills" - in the borders and procedure provided in the separate Section of the Constitution of Ukraine. The question of procedure for signing, the official bringing to publicity and introductions in operation of the laws on introduction of amendments to the Constitution of Ukraine, is not settled by the Section XIII of the Constitution of Ukraine, requires the corresponding legislative regulation. Informative part of the law on introduction of amendments to the Constitution of Ukraine, in essence, is the compound Constitution of Ukraine, but not the regular law. The president of Ukraine is not given authority to perform the veto concerning all Constitution of Ukraine and consequently, shall not have such right and concerning its part.

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