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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of April 22, 2008 No. 8-rp/2008

On case on the constitutional representation of 52 People's Deputies of Ukraine and on the constitutional representation of the Verkhovna Rada of the Autonomous Republic of Crimea concerning compliance of the Constitution of Ukraine (constitutionality) of article 15 of the Code of administrative legal proceedings of Ukraine, Article 7 of the Code of civil procedure of Ukraine (case on legal proceedings language)

Case No. 1-18/2008

NAME OF UKRAINE

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 - the speaker,

Mikhail Ivanovich's ear,

Lilak Dmitry Dmitriyevich,

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 52 People's Deputies of Ukraine and on the constitutional representation of the Verkhovna Rada of the Autonomous Republic of Crimea concerning compliance of the Constitution of Ukraine (constitutionality) of article 15 of the Code of administrative legal proceedings of Ukraine of July 6, 2005 N 2747-IV (In? домост? Verkhovno ї For the sake of Ukra§ni, 2005, N 35-36, N 37, of the Art. 446), Article 7 of the Code of civil procedure of Ukraine of March 18, 2004 N 1618-IV (In? домост? Verkhovno ї For the sake of Ukra§ni, 2004, N 40-41, N 42, of the Art. 492).

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 52 People's Deputies of Ukraine and the Verkhovna Rada of the Autonomous Republic of Crimea.

The basis for consideration of the case according to Articles 71, 82 Laws of Ukraine "About the Constitutional Court of Ukraine" are availability of dispute on compliance of the Constitution of Ukraine (constitutionality) of article 15 of the Code of administrative legal proceedings of Ukraine, Article 7 of the Code of civil procedure of Ukraine.

Having heard the judge-speaker Kamp V. M. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation - 52 People's Deputies of Ukraine - appealed to the Constitutional Court of Ukraine with the petition to recognize such which do not answer the Constitution of Ukraine (are unconstitutional), provisions of article 15 of the Code of administrative legal proceedings of Ukraine (further - CASH DESKS of Ukraine), Article 7 of the Code of civil procedure of Ukraine (further - GPK of Ukraine).

Authors of the petition consider that the Verkhovna Rada of Ukraine, having accepted Article of 15 CASH DESKS of Ukraine and Article 7 GPK of Ukraine (further - Codes) and having fixed implementation of legal proceedings in state language, broke provisions of Articles 10, 22 Constitutions of Ukraine that led to change of the language mode of activity of the courts of Ukraine and narrowing of the existing content and amount of rights and freedoms of man and citizen.

2. The person of law on the constitutional representation - the Verkhovna Rada of the Autonomous Republic of Crimea - appealed to the Constitutional Court of Ukraine with the petition to consider question concerning constitutionality of Article 7 GPK of Ukraine.

Proving the line item, the Verkhovna Rada of the Autonomous Republic of Crimea specifies that the Verkhovna Rada of Ukraine, having accepted Article 7 GPK of Ukraine and having fixed implementation of legal proceedings and creation of court documents in state language, violated Articles 3, of 10, of 21, of 22, of 24, 64 Constitutions of Ukraine, having narrowed the constitutional rights and freedom of man and citizen established by the Constitution of Ukraine, the Constitution of the Autonomous Republic of Crimea, the Code of civil procedure of Ukraine approved by the Law of the Ukrainian SSR of July 18, 1963 (further - GPK of Ukraine of 1963), other regulations, and also international treaties.

3. N 13-up/2008 the constitutional productions on cases on the constitutional representation of 52 People's Deputies of Ukraine and the Verkhovna Rada of the Autonomous Republic of Crimea are combined by determination of the Constitutional Court of Ukraine of February 12, 2008 in one constitutional production.

4. The line item concerning constitutionality of the challenged provisions of Codes was stated the President of Ukraine, by the Cabinet of Ministers of Ukraine, the State committee of Ukraine for nationalities and religions, Academy of judges of Ukraine, National academy of prosecutor's office of Ukraine, Institute of Ukrainian of NAS of Ukraine, Institute of sociology of NAS of Ukraine, Institute of psychology of G. S. Kostiuk of NPA of Ukraine, the Donetsk national university, the Transcarpathian state university (city of Uzhhorod), the Mariupol state humanities university, the International humanities university (city of Odessa).

5. Constitutional court of Ukraine, resolving issue concerning constitutionality of the challenged provisions of Codes, proceeds from the following.

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