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Name of Ukraine

DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of May 7, 2002 No. 8-rp/2002

On case on the constitutional representation of the President of Ukraine of rather official interpretation of provisions of parts two, third article 124 of the Constitution of Ukraine (case concerning jurisdiction of acts of appointment or release of officials)

Case No. 1-1/2002

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

Victor Egorovich's buffoons - the chairman, the judge-speaker,

Voznyuk Vladimir Denisovich,

Ivashchenko Vladimir Ivanovich,

Kozyubr? Nikolay Ivanovich,

Korniyenko Nikolay Ivanovich,

Kostitsky Mikhail Vasilyevich,

Malinnikova Lyudmila Fiodorovna,

Mironenko Alexander Nikolaevich,

Nemchenk Vasily Ivanovich,

Rozenko Vitaly Ivanovich,

Savenko Nikolay Dmitriyevich,

Selivon Nikolay Fedosovich,

Silent Vladimir Pavlovich,

Chubar of Lyudmila Panteleevn?,

Shapoval Vladimir Nikolaevich,

with the assistance of the representative 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; Fesenko Evgeny Vladimirovich - the representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine, the chief scientific consultant of Department of bonds with judicial bodies of the Office of the Verkhovna Rada of Ukraine; Lukashova Nadezhda Pavlovna - the Permanent representative of the Supreme Court of Ukraine in the Constitutional Court of Ukraine; Kudryavtsev Victor Viktorovich - the representative of the Prosecutor General's Office of Ukraine, the deputy attorney general of Ukraine; Anatoly Pavlovich's Hare - the First Deputy State secretary of the Ministry of Justice of Ukraine; Seryogin Vitaly Aleksandrovich - the associate professor of the constitutional and international law of National university of internal affairs,

considered case of rather official interpretation of provisions of parts two, third article 124 of the Constitution of Ukraine at plenary meeting.

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 official interpretation of the specified provisions of article 124 of the Constitution of Ukraine.

Having heard the judge-speaker Skomorokhu of V.S., Nosov V. V., Fesenko's explanation?. Century, Lukashova N. P., Kudryavtsev V. V., A.P. Hare, Seryogin I. O. 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 give official interpretation of provisions of parts two, - third article 124 of the Constitution of Ukraine, in particular, whether courts of law have the right to accept in the production and to consider in essence actions for declaration about recovery at work, change of the formulation of release of cabinet ministers of Ukraine, heads of other central executive bodies and persons who according to the Constitution of Ukraine are appointed to positions are exempted from positions the President of Ukraine or the Verkhovna Rada of Ukraine.

According to the person of law on the constitutional representation, such statements are not subordinated to courts of law as according to the Constitution of Ukraine of one of forms of realization of powers of authority of the President of Ukraine and the Verkhovna Rada of Ukraine acceptance or the publication of the relevant acts (Article 91, Article part three 106) is. In particular, directly based on provisions of the Constitution of Ukraine acts concerning appointment, release by the President of Ukraine (Items 5, of 9, of 10, of 11, of 12, of 13, 14 parts one of Article 106), the Verkhovna Rada of Ukraine are issued (Items 16, 17, 18, 19, 20, 21, 35 parts one of Article 85), and also concerning judges (Item 26 parts one of Article 85, Item 22 parts one of Article 106, Article 128).

As affirms as the constitutional representation, the Constitution of Ukraine does not give to any state body authority concerning cancellation or temporary cancellation of acts of the President of Ukraine or the Verkhovna Rada of Ukraine including on the specified questions. The Prime Minister of Ukraine, cabinet ministers of Ukraine, heads of other central executive bodies, the Attorney-General of Ukraine, the Chairman of the Antimonopoly Committee of Ukraine, the Chairman Fonda of state-owned property of Ukraine, the judge, other persons who are designated the President of Ukraine or the Verkhovna Rada of Ukraine are persons for whom the Constitution of Ukraine establishes special procedure for appointment to positions and releases from positions.

2. In the letter in the Constitutional Court of Ukraine the Chairman of the Verkhovna Rada of Ukraine explained that competence of the courts of the general jurisdiction extends to all legal relationship which arises in the state including on those which are connected with disputes on recovery at work change of the formulation of dismissal of cabinet ministers of Ukraine, heads of other central executive bodies and persons who according to the Constitution of Ukraine are appointed to positions or are exempted from positions the President of Ukraine or the Verkhovna Rada of Ukraine.

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