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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of May 28, 2003 No. 10-rp/2003

On case on the constitutional representation of the Antimonopoly Committee of Ukraine on official interpretation of the concept "the organization of distribution of stamps, the marked envelopes and cards" which is applied in the paragraph the second part three of article 15 of the Law of Ukraine "About mail service" (case on the organization of distribution of stamps, the marked envelopes and cards)

Case No. 1-16/2003

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,

Ivashchenko Vladimir Ivanovich,

Kostitsky Mikhail Vasilyevich - the judge-speaker,

Malinnikova Lyudmila Fiodorovna,

Mironenko Alexander Nikolaevich,

Wheaten Valery Grigoryevich,

Rozenko Vitaly Ivanovich,

Savenko Nikolay Dmitriyevich,

Victor Egorovich's buffoons,

Silent Vladimir Pavlovich,

Tkachuk Pavel Nikolaevich,

Chubar Lyudmila Panteleevna,

Shapoval Vladimir Nikolaevich,

with the assistance of the representative of the person of law on the constitutional representation Kravchenko Yury Grigoryevich - the state authorized Antimonopoly Committee of Ukraine, the representative of the Verkhovna Rada of Ukraine Konstanty Alexander Vladimirovich - the chief scientific consultant of Department of bonds with judicial bodies of the Office of the Verkhovna Rada of Ukraine, Nosov Vladislav Vasilyevich - the Permanent representative of the President of Ukraine in the Constitutional Court of Ukraine, the representative of the Cabinet of Ministers of Ukraine of Pavlikovsky Lada Anatolyevna - the Deputy State secretary of the Ministry of Justice of Ukraine, and also recruited in consideration of the case: Kostriby Nadezhda Petrovna - the head of department of legal support and reforming of property of the State committee of communication and informatization of Ukraine, Mukhin Vasily Georgiyevich - the CEO of the Ukrainian state company of mail service of Ukrpocht, the Mail carrier Pyotr Safronovich - the head of legal department of Agency of Soyuzpechat open joint stock company (Kiev), Trinchuk Stepan Nikolaevich - the chairman of the supervisory board, the vice chairman of the board on legal and personnel problems of Torgpressa open joint stock company (Lviv), Kopylenko Yakov Mikhaylovich and Malov Vitaly Yuryevich - deputy directors of Europe Print private enterprise (Dnipropetrovsk), Aronov Leonid Ilyich - the commercial director of Torgpressa limited liability company (Ternopil), Korzun Vladimir Anatolyevich - the legal adviser of Ukrpressa limited liability company (Kiev),

considered at plenary meeting case on official interpretation of the concept "the organization of distribution of stamps, the marked envelopes and cards" which is applied in the paragraph the second part three of article 15 of the Law of Ukraine "About mail service" of October 4, 2001 by N2759-III (In? домост? Verkhovno ї For the sake of Ukra§ni, 2002, N 6, the Art. 39).

The constitutional representation of the Antimonopoly Committee 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 the prakticheska need for official interpretation of the concept "the organization distribution of stamps, the marked envelopes and cards" which is applied in the paragraph the second part three of article 15 of the Law of Ukraine "About mail service".

Having heard Kostitsky M. V. judge-speaker, Kravchenko Yu. G. explanations., Konstanty O. V., Nosov V. V., Pavlikovskaya L. A., N.P., Mukhin V. G., Poshtarya P. S., Trinchuk S. M., Malov V. Yu., Aronov L. Kostriby?., Korzuna V. A. and having researched case papers, the Constitutional Court of Ukraine established:

1. In the constitutional representation in the Constitutional Court of Ukraine the Antimonopoly Committee of Ukraine brings up question of official interpretation of the concept "the organization of distribution of stamps, the marked envelopes and cards" which is applied in the paragraph the second (on representation - in the first) parts three of article 15 of the Law of Ukraine "About mail service", and also asks to give the answer to question whether exclusive rights of the national operator extend to the organization of distribution of envelopes net and art (without brands).

The person of law on the constitutional representation proves practical need for official explanation by the fact that the Ukrainian state company of mail service of Ukrpocht (further - Ukrpochta), on the one hand, both the Antimonopoly Committee of Ukraine and subjects of housekeeping - with the second, differently understand content of the specified concept. As considers the Antimonopoly Committee of Ukraine, it leads to violation of the right of subjects of housekeeping which are not part of Ukrpochti, on business activity and to restriction of the right of consumers for acquisition of stamps, the marked envelopes and cards.

The Antimonopoly Committee of Ukraine notes that from subjects of housekeeping (the former companies "Soyuzpechati") claims arrived on the fact that Ukrpochta prohibited them sale of stamps, the marked envelopes, cards, envelopes net and art (without brands) which they performed according to subitem 6.4. Regulations on stamps, blocks, the marked envelopes and cards, the Ministry of Communications of Ukraine approved by the order of December 16, 1996 N 262. As it is specified in the constitutional representation, the prohibition of Ukrpocht proves by the fact that in the paragraph the second part three of article 15 of the Law of Ukraine "About mail service" the exclusive right on the edition, issuance and the organization of distribution of stamps, the marked envelopes and cards, and also their removal from the address is established for the national operator. Based on this provision "Ukrpochta" claims that as accomplishment of functions of the national operator the corresponding order of the Cabinet of Ministers of Ukraine is assigned to Ukrpochta, it possesses exclusive sale right of the specified products.

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