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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of October 14, 2003 No. 16-rp/2003

On case on the constitutional representation of 50 People's Deputies of Ukraine on official interpretation of provisions of part two of Article 84, Item 34 parts one of Article 85, Article parts one 86, article 91 of the Constitution of Ukraine, parts two, third, fourth article 15 of the Law of Ukraine "About the status of the People's Deputy of Ukraine" (case on sending an inquiry to the President of Ukraine)

Case No. 1-21/2003

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,

Malinnikova Lyudmila Fiodorovna,

Mironenko Alexander Nikolaevich,

Nemchenko Vasily Ivanovich,

Wheaten Valery Grigoryevich,

Rozenko Vitaly Ivanovich,

Savenko Nikolay Dmitriyevich,

Victor Egorovich's buffoons,

Timchenko Ivan Artemyevich,

Silent Vladimir Pavlovich,

Tkachuk Pavel Nikolaevich - the judge-speaker,

Chubar Lyudmila Panteleevna,

Shapoval Vladimir Nikolaevich,

with the assistance of the representative of the person of law on the constitutional provision Pavlovsky Mikhail Antonovich - the People's Deputy of Ukraine; recruited in consideration of the case: Klyuchkovsky Yury Bogdanovich - the representative of the Verkhovna Rada of Ukraine, the People's Deputy of Ukraine; Selivanov Anatoly Aleksandrovich - the Permanent representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine; Nosov Vladislav Vasilyevich - the Permanent representative of the President of Ukraine in the Constitutional Court of Ukraine,

considered at plenary meeting case on official interpretation of provisions of part two of Article 84, of Item 34 parts one of Article 85, of Article part one 86, of article 91 of the Constitution of Ukraine, parts two, third, fourth article 15 of the Law of Ukraine "About the status of the People's Deputy of Ukraine" in edition of March 22, 2001 of N2328-III of the Sheet of Verkhovno ї For the sake of Ukra§ni, 2001, N 42, of the Art. 212).

Having heard the judge-speaker Tkachuk P. M., the Pavlovsk M. A., Klyuchkovsky Yu. B. explanation., Selivanova A. O., Nosova V. V. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation - 50 People's Deputies of Ukraine - appealed to the Constitutional Court of Ukraine with the petition for official interpretation of provisions of part two of Article 84, of Item 34 parts one of Article 85, of Article part one 86, of article 91 of the Constitution of Ukraine, parts two, third, fourth article 15 of the Law of Ukraine "About the status of the People's Deputy of Ukraine" (further - the Law).

People's Deputies of Ukraine ask to give also official interpretation of the terms "decisions" and "acts" of the Verkhovna Rada of Ukraine, "deputy request", to explain whether terms of "decision" and "acts" of the Verkhovna Rada of Ukraine, "act" of the Verkhovna Rada of Ukraine and "deputy request" in the context of Article part two provisions 84, of Item 34 parts one of Article 85, of Article part one 86, of article 91 of the Constitution of Ukraine, parts two, third, fourth article 15 of the Law are identical; in what form the previous support of the requirement about sending an inquiry to the President by Ukrainygolosovany or petition shall be performed; whether sending an inquiry to the President of Ukraine by adoption by the Verkhovna Rada of Ukraine of the decision one heel from its constitutional structure is possible if the requirement about sending an inquiry is previously supported at least, than one third of the constitutional structure of the Verkhovna Rada of Ukraine.

In the constitutional representation it is noted that the Constitution of Ukraine and the Law do not give clear idea of sending an inquiry mechanism to the President of Ukraine, namely of form of the previous support of the requirement about sending an inquiry and the number of votes which shall make the decision on its direction.

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