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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of April 16, 2008 No. 6-rp/2008

On case on the constitutional representation of the President of Ukraine on official interpretation of provisions of parts two, third Article 5, Articles 69, Article parts two 72, Articles 74, Article parts two 94, parts one of article 156 of the Constitution of Ukraine (case on adoption of the Constitution and the laws of Ukraine on referendum)

Case No. 1-2/2008

NAME OF UKRAINE

Constitutional court of Ukraine consisting of judges:

Strizhak Andrey Andreevich - the chairman,

Brintsev Vasily Dmitriyevich,

Golovmn Anatoly Sergeyevich,

Dzhunya Vyacheslav Vasilyevich,

Didkovsky Anatoly Aleksandrovich,

Dombrovsky Ivan Petrovich - the speaker,

Kamp Vladimir Mikhaylovich,

Mikhail Ivanovich's ear,

Lilak Dmitry Dmitriyevich,

Markush Maria Andreevna,

Machuzhak Yaroslava Vasilyevna,

Ovcharenko Vyacheslav Andreevich,

Stetsyuk Pyotr Bogdanovich,

Tkachuk Pavel Nikolaevich,

Shishkmn Victor Ivanovich,

considered at plenary meeting case on the constitutional representation of the President of Ukraine on official interpretation of provisions of parts two, third Article 5, of Article 69, of Article part two 72, of Article 74, of Article part two 94, of part one of article 156 of the Constitution of Ukraine.

The constitutional representation of the President 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 part one of article 93 of the Law of Ukraine "About the Constitutional Court of Ukraine" is practical need for examination and official interpretation of provisions of the specified articles of the Constitution of Ukraine.

Having heard Dombrovsky I.P.'s judge-speaker 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 - on January 31, 2004 appealed to the Constitutional Court of Ukraine with the petition to give official interpretation of provisions of parts two, third Article 5, of Articles 69, of 74, to Article part two 94, parts one of article 156 of the Constitution of Ukraine.

In the context of interpretation of provisions of Articles 5, of 69, of 74, of 94, 156 Constitutions of Ukraine the person of law on the constitutional representation asks to give answers to such questions:

"whether implementation by the people of Ukraine as the carrier of sovereignty and the single source of the power in Ukraine of legislature directly and, in particular, acceptance by All-Ukrainian referendum of the laws of Ukraine is possible? And if it is possible, then:

whether approval or approval by the Verkhovna Rada of Ukraine need the decision of All-Ukrainian referendum concerning the laws;

whether it is applied concerning the laws adopted by All-Ukrainian referendum, the procedure of signing and the bringing to publicity determined by part two of article 94 of the Constitution of Ukraine?"

On January 26, 2007 the President of Ukraine appealed to the Constitutional Court of Ukraine with the petition to give official interpretation of provisions of part two of Article 72, of article 74 of the Constitution of Ukraine, in particular about whether the All-Ukrainian referendum on popular initiative provided by Article part two 72, article 74 of the Constitution of Ukraine, form of implementation of the government directly the people by vote of voters concerning adoption of the laws, introduction of amendments to current laws or their cancellations and also concerning acceptance is new (new edition) Constitutions of Ukraine.

As the person of law the constitutional submission, ambiguity of understanding of provisions of part two of Article 72, of article 74 of the Constitution of Ukraine "specifies generates inconsistency in activities of public authorities, complicates accomplishment by the President of Ukraine of the constitutional powers assigned to it concerning ensuring implementation of the Fundamental Law of the state during preparation and holding All-Ukrainian referendum on popular initiative as forms of direct democracy", as predetermines practical need for examination and official interpretation of the listed provisions of the Constitution of Ukraine.

2. In view of the fact that the constitutional representation of the President of Ukraine concern the same question - adoption by the people of Ukraine of the Constitution and the laws of Ukraine on referendum, the Constitutional Court of Ukraine according to article 58 of the Law of Ukraine "About the Constitutional Court of Ukraine" Determination of June 18, 2007 of N 24-up/2007 combined them in one constitutional proceeedings.

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