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Name of Ukraine

DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of April 2, 2008 No. 5-rp/2008

On case on the constitutional representation of the Prosecutor General's Office of Ukraine of rather official interpretation of provisions of part two of article 122 of the Constitution of Ukraine, part three of article 2 of the Law of Ukraine "About prosecutor's office"

Case No. 1-25/2008

Constitutional court of Ukraine consisting of judges:

Strizhak Andrey Andreevich - the chairman,

Brintsev Vasily Dmitriyevich,

Golovin Anatoly Sergeyevich,

Dzhunya Vyacheslav Vasilyevich,

Didkovsky Anatoly Aleksandrovich,

Dombrovsky Ivan Petrovich,

Kamp Vladimir Mikhaylovich,

Mikhail Ivanovich's ear - the speaker,

Lilak Dmitry Dmitriyevich,

Markush Maria Andreevna,

Machuzhak Yaroslava Vasilyevna,

Ovcharenko Vyacheslav Andreevich,

Stanik Syuzanna Romanovna,

Stetsyuk Pyotr Bogdanovich,

Tkachuk Pavel Nikolaevich,

Shishkin Victor Ivanovich,

with the assistance of representatives of the person of law on the constitutional representation Kudryavtsev Victor Viktorovich - the deputy attorney general of Ukraine, Burdol Evgeny Pavlovich - the head of department of legal support of the Prosecutor General's Office of Ukraine, the Permanent representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine Selivanov Anatoly Aleksandrovich,

considered at plenary meeting case on the constitutional representation of the Prosecutor General's Office of Ukraine of rather official interpretation of provisions of part two of article 122 of the Constitution of Ukraine, part three of article 2 of the Law of Ukraine "About prosecutor's office" of November 5, 1991 N 1789-XII (Sheets of the Verkhovna Rada of Ukraine, 1991, N 53, Art. 793; 2001, N 44, Art. 233).

Having heard the judge-speaker Kolos of M. I., Kudryavtsev V. V., Burdol E. P. explanation., Selivanova A. O. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation - the Prosecutor General's Office of Ukraine - appealed to the Constitutional Court of Ukraine with the petition to give official interpretation of the phrase "term of office of the Attorney-General of Ukraine" which is applied in part two of article 122 of the Constitution of Ukraine, part three to article 2 of the Law of Ukraine "About prosecutor's office" (further - the Law), and also to answer question whether the term of office of the Attorney-General of Ukraine established by the Constitution of Ukraine and the Law can be interrupted, stop or last.

The author of the petition reasons for need for official interpretation of the specified regulations importance of the tasks assigned by the state to bodies of prosecutor's office and feature of role of the Attorney-General of Ukraine in ensuring their accomplishment.

2. Line items of the questions which are rather brought up in the constitutional representation were stated by scientists of the Kiev national university of Taras Shevchenko, the Lviv national university of Iván Franco, National academy of prosecutor's office of Ukraine, National legal academy of Ukraine of Yaroslav the Wise, the Odessa national legal academy, Khmelnytskyi university of management and the right.

3. Resolving issue of rather official interpretation of provisions of part two of article 122 of the Constitution of Ukraine, parts three of article 2 of the Law, the Constitutional Court of Ukraine proceeds from the following.

3.1. The prosecutor's office of Ukraine constitutes single system which is headed by the Attorney-General of Ukraine. He is appointed to position and exempted from position with the consent of the Verkhovna Rada of Ukraine by the President of Ukraine (Item 25 parts one of Article 85, Item 11 parts one of Article 106, Article 121, part one of article 122 of the Constitution of Ukraine).

The organization and procedure for activities of bodies of prosecutor's office are determined only by the laws of Ukraine (Item 14 parts one of Article 92, article 123 of the Constitution of Ukraine).

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