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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of March 27, 2002 No. 7-rp/2002

On case on the constitutional representation of the Supreme council of justice of rather official interpretation of provisions of paragraphs two, the third Item of 1 part one of article 150 of the Constitution of Ukraine (case concerning acts of election/appointment of judges to positions and about release them from positions)

Case No. 1-14/2002

NAME OF UKRAINE

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

Victor Egorovich's buffoons - the chairman,

Voznyuk Vladimir Denisovich,

Evgrafov Pavel Borisovich,

Ivashchenko Vladimir Ivanovich,

Kozyubra Nikolay Ivanovich,

Korniyenko Nikolay Ivanovich,

Kostitsky Mikhail Vasilyevich,

Malinnikova Lyudmila Fiodorovna - the judge-speaker,

Mironenko Alexander Nikolaevich,

Nemchenkl Vasily Ivanovich,

Rozenko Vitaly Ivanovich,

Savenko Nikolay Dmitriyevich,

Selivon Nikolay Fedosovich,

Timchenko Ivan Artemyevich,

Silent Vladimir Pavlovich,

Chubar Lyudmila Panteleevna,

Shapoval Vladimir Nikolaevich,

with the assistance of the representative of the person of law on the constitutional representation Poltavts Yury Pavlovich, the member of the High Council of Justice, and also recruited in consideration of this case of 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, Lukashova Nadezhda Pavlovna - the Permanent representative of the Supreme Court of Ukraine in the Constitutional Court of Ukraine, Pasenyuk Alexander Mikhaylovich - the Deputy State secretary of the Ministry of Justice of Ukraine,

considered case on the constitutional representation of the Supreme council of justice of rather official interpretation of provisions of paragraphs two, the third Item of 1 part one of article 150 of the Constitution of Ukraine at plenary meeting.

The constitutional representation of the Supreme council of justice of rather official interpretation of the specified provisions of part one of article 150 of the Constitution 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 part one of article 93 of the Law of Ukraine "About the Constitutional Court of Ukraine" is practical need for official interpretation of provisions of paragraphs two, the third Item of 1 part one of article 150 of the Constitution of Ukraine.

Having heard the judge-speaker Malinnikova L. F., Poltavts Yu. P. explanations., Selivanova A. O., Nosov V. V., Lukashova N. P., Pasenyuk O. M. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation - the Supreme council of justice - appealed to the Constitutional Court of Ukraine with the petition for official interpretation of provisions of paragraphs two, the third Item of 1 part one of article 150 of the Constitution of Ukraine.

The supreme council of justice considers that there is practical need for official interpretation of provisions of part one of article 150 of the Constitution of Ukraine concerning reference to powers of the Constitutional Court of Ukraine of the solution of questions of compliance of the Constitution of Ukraine (constitutionality) of legal acts of the Verkhovna Rada of Ukraine and acts of the President of Ukraine of election/appointment of professional judges to positions and about release them from positions. In particular the question needs explanation whether "acts of the President of Ukraine and the Verkhovna Rada of Ukraine concerning appointment of professional judges to positions and releases them from positions only are subject to constitutional legal verification, or they can be subject of appeal and in courts of law".

As it is specified in the constitutional representation, the Constitution Ukraine implements special procedure for appointment/election of professional judges to positions and releases them from positions that follows from Article 126, of part one of article 128 of the Constitution of Ukraine. Provisions of Item of 1 part one of article 131 of the Constitution of Ukraine which are concretized in Articles 3, of 29, of 31, 37 Laws of Ukraine "About the Supreme council of justice", provide that the Supreme council of justice brings representation to the President of Ukraine about the first appointment of judges to positions, and also to the President of Ukraine or the Verkhovna Rada of Ukraine about release them from positions. The supreme council of justice considers that its representation which became the basis for decision making about release from judgeship according to article 55 of the Constitution of Ukraine can be appealed in courts of law. Cancellation judicially of idea of the Supreme council of justice of release from judgeship, according to the person of law on the constitutional representation, involves also cancellation of the bases for release it from position.

2. The chairman of the Verkhovna Rada of Ukraine in written explanation noted that the decision of the Supreme council of justice concerning introduction of representation in corresponding body about release of the judge from position cannot be appealed separately as the final decision is made only by that body which appointed it or elected to position.

Also affirms that appeal in the Constitutional Court of Ukraine of acts of the Verkhovna Rada of Ukraine and the President of Ukraine about election/appointment of professional judges to positions and about release them from positions does not meet the requirements of article 150 of the Constitution of Ukraine. The legal analysis of provisions of this Article as it is specified, demonstrates that the solution of questions of constitutionality of the laws and other legal acts, but not about their legality belongs to powers of the Constitutional Court of Ukraine.

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