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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of April 10, 2003 No. 7-rp/2003

On the constitutional idea of the President of Ukraine of official interpretation of provisions of parts two, third Article 17, parts two of article 27 of the Law of Ukraine "About the status of the People's Deputy of Ukraine" (case on guarantees of activities of the People's Deputy of Ukraine)

Case No. 1-14/2003

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,

Kostitsky Mikhail Vasilyevich,

Malinnikova Lyudmila Fiodorovna,

Mironenko Alexander Nikolaevich,

Wheaten Valery Grigoryevich,

Rozenko Vitaly Ivanovich,

Savenko Nikolay Dmitriyevich,

Victor Egorovich's buffoons,

Timchenko Ivan Artemyevich,

Silent Vladimir Pavlovich,

Tkachuk Pavel Nikolaevich,

Chubar Lyudmila Panteleevna,

Shapoval Vladimir Nikolaevich - the judge-speaker,

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, representatives of the Verkhovna Rada of Ukraine Matviyenko of Anatoly Sergeevichanarodny of the deputy of Ukraine, the Chairman of Committee of the Verkhovna Rada of Ukraine concerning the state construction and local self-government, Selivanov Anatoly Aleksandrovich - the Permanent representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine,

N2328-III considered at plenary meeting case on the constitutional representation of the President of Ukraine on official interpretation of provisions of parts two, third Article 17, of part two of article 27 of the Law of Ukraine "About the status of the People's Deputy of Ukraine" of March 22, 2001 (In? домост? Verkhovno ї For the sake of Ukra§ni, 2001, N 42, Art. 212; 2002, N 35, Art. 264, N 43, Art. 314).

The constitutional representation of the President of Ukraine became reason for consideration of the case according to article 39 of the Law of Ukraine "About the Constitutional Court of Ukraine".

The basis for consideration of the case according to Articles 41, of 71, 93 Laws of Ukraine "About the Constitutional Court of Ukraine" are practical need for examination and official interpretation of provisions of parts two, third Article 17, of part two of article 27 of the Law of Ukraine "About the status of the People's Deputy of Ukraine".

Having heard the judge-speaker Shapoval V. M., Nosov V. V., Matviyenko A. S. explanations., Selivanova A. 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 17, to part two of article 27 of the Law of Ukraine "About the status of the People's Deputy of Ukraine" of March 22, 2001 (further - the Law).

According to part two of article 17 of the Law the People's Deputy of Ukraine has the right of urgent acceptance concerning deputy activities by heads and other officials of the public authorities located in the territory of Ukraine, local government bodies, the companies, organizations and the organizations, irrespective of their subordination and patterns of ownership, public organizations and political parties.

According to part three of the specified article of the Law the People's Deputy of Ukraine of the operating convocation in case of presentation of the certificate of the People's Deputy of Ukraine has the right to freely visit public authorities and local government bodies, and also the right of easy access to all companies, in the organizations and the organizations located in the territory of Ukraine irrespective of their subordination, patterns of ownership, the privacy mode. Requirements about presentation or execution of other documents, and also personal survey of the People's Deputy, survey and check of its things are prohibited if another is not established by the law.

By part two of article 27 of the Law it is determined that search, detention of the People's Deputy of Ukraine or survey of personal belongings and baggage, transport, residential or the office of the People's Deputy, and also violation of mystery of correspondence, telephone conversations, cable and other correspondence and application of other measures which according to the law limit the rights and freedoms of the People's Deputy are allowed only in case the Verkhovna Rada of Ukraine provides consent to attraction it to criminal liability if by other methods it is impossible to obtain information.

The president of Ukraine proved the petition by the fact that there is dissimilarity of understanding of the specified provisions and it, in particular, "complicates accomplishment by the President of Ukraine, People's Deputies of Ukraine of the constitutional powers assigned to them, and also creates vital issues in providing law and order and legality in the state".

2. The president of Ukraine brought up question of official interpretation of provisions of part two of article 17 of the Law "concerning content of the concept "urgent acceptance", and also concerning whether urgency of acceptance by the President of Ukraine of People's Deputies of Ukraine is provided by it". As it is specified in the constitutional representation, People's Deputies of Ukraine consider that in case of identification of the corresponding desire from their party they shall be at once accepted by heads and officials, "even without preliminary approval of terms and duration of such acceptances".

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