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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of April 17, 2008 No. 7-rp/2008

On case on the constitutional representation of 63 People's Deputies of Ukraine on official interpretation of provisions of article 18 of the Law of Ukraine "About the Supreme council of justice" (case concerning the termination of powers of the member of the High Council of Justice)

Case No. 1-21/2008

NAME OF UKRAINE

Constitutional court of Ukraine consisting of judges:

Strizhak Andrey Andreevich - the chairman,

Brintsev Vasily Dmitriyevich,

Golovin Anatoly Sergeyevich - the speaker,

Dzhunya Vyacheslav Vasilyevich,

Didkovsky Anatoly Aleksandrovich,

Dombrovsky Ivan Petrovich,

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,

Shishkin Victor Ivanovich,

considered at plenary meeting case on the constitutional representation of 63 People's Deputies of Ukraine on official interpretation of provisions of article 18 of the Law of Ukraine "About the Supreme council of justice" of January 15, 1998 N 22/98-BP (In? домост? Verkhovno ї For the sake of Ukra§ni, 1998, N 25, the Art. 146).

Reason for consideration of the case according to Articles 39, 40 Laws of Ukraine "About the Constitutional Court of Ukraine" became the constitutional representation of 63 People's Deputies 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 article 18 of the Law of Ukraine "About the Supreme council of justice".

Having heard the judge-speaker Golovin A. S. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation - 63 People's Deputies of Ukraine - appealed to the Constitutional Court of Ukraine with the petition to give official interpretation of provisions of article 18 of the Law of Ukraine "About the Supreme council of justice" (further - the Law) in the context of which asks to explain:

Whether 1) these provisions provide possibility of the termination of powers of the member of the High Council of Justice by the subject of forming of its structure out of the bases established by it;

Whether 2) the termination of powers of the member of the High Council of Justice by the subject of forming of its structure because of violation by it of the oath or making of immoral act in the absence of assessment by the Supreme council of justice of these facts and decisions on availability of the bases for the termination of powers of the member of the High Council of Justice is allowed.

People's Deputies of Ukraine also ask to give official interpretation of the term "immoral act", the applied Item in paragraph one 8 parts one of this Article.

Authors of the petition consider that despite of that, or the member of the High Council of Justice is appointed by body, or it is its part on positions, decisions concerning feasibility of continuation of its powers in case of violation by it of the oath or making of immoral act accepts the Supreme council of justice and sends to body which appointed it.

2. The line items concerning the questions which are brought up in the constitutional representation were stated by the President of Ukraine, the Chairman of the Supreme Court of Ukraine, the Prosecutor General's Office of Ukraine, the Supreme council of justice, the Ministry of Justice of Ukraine, the Union of lawyers of Ukraine, scientists of National legal academy of Ukraine of Yaroslav the Wise, the Odessa national legal academy, the Lviv national university of Iván Franco.

3. Resolving issue of official interpretation of provisions of article 18 of the Law, the Constitutional Court of Ukraine proceeds from the following.

3.1. In article 131 of the Constitution of Ukraine it is specified that the Supreme council of justice consists of twenty members. The Verkhovna Rada of Ukraine, the President of Ukraine, the congress of judges of Ukraine, congress of lawyers of Ukraine, congress of representatives of legal higher educational institutions and scientific institutions appoint in the Supreme council of justice three members, and All-Ukrainian conference of prosecutors - two members of the High Council of Justice. The Chairman of the Supreme Court of Ukraine, the Minister of Justice of Ukraine, the Attorney-General of Ukraine are part of the Supreme council of justice on position.

The procedure for appointment of members of the High Council of Justice is enshrined in Articles 8, of 9, of 10, of 11, of 12, of 13, and the bases of the termination of their powers in part one of article 18 of the Law.

Follows from content of the constitutional representation that the first question of People's Deputies of Ukraine comes down to interpretation of provisions of part one of this Article.

The systems analysis of these provisions and the Law in general performed by the Constitutional Court of Ukraine demonstrates that the list of the bases for the termination of the powers of the member of the High Council of Justice established by part one of article 18 of the Law is exhaustive and does not allow the termination of powers on other bases by body which appointed it.

3.2. On the second question of the subject of the constitutional representation need of official interpretation of provision of part two of article 18 of the Law according to which the decision on the termination of powers of the member of the High Council of Justice in cases, stipulated in Item 8 parts one of this Article, i.e. in case of violation by it of the oath or making of immoral act, is accepted by body which appointed the member of the High Council of Justice seems.

People's Deputies of Ukraine consider that the Supreme council of justice, stopping in such cases of power of the member of the High Council of Justice, shall provide to body which appointed it, assessment of these facts and the decision on availability of the bases for the termination of such powers.

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