DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of December 23, 1997 No. 7-zp

On case on the constitutional representation of the President of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of the Law of Ukraine "About Audit Chamber of the Verkhovna Rada of Ukraine" (case on Audit Chamber)

NAME OF UKRAINE

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

Timchenk Ivan Artemyevich - the chairman,

Voznyuk Vladimir Denisovich,

Kozyubra Nikolay Ivanovich,

Kostitsky Mikhail Vasilyevich,

Malinnikova Lyudmila Fiodorovna,

Martynenko Pyotr Fedorovich,

Mironenko Alexander Nikolaevich,

Rozenko Vitaly Ivanovich,

Savenko Nikolay Dmitriyevich,

Selivon Nikolay Fedosovich,

Victor Egorovich's buffoons,

Silent Vladimir Pavlovich,

Chubar Lyudmila Panteleevna,

Yatsenko Stanislav Sergeyevich

with the assistance of representatives of the subject of the constitutional representation - the President of Ukraine - Burchak Fedor Glebovich and Pidpalov Leonid Vasilyevich, representatives of the Verkhovna Rada of Ukraine Anatoly Pavlovich and Selivanov Anatoly Aleksandrovich's Hare, and also attracted to participate the Constitutional Court of Ukraine in consideration of the case:

- from the Antimonopoly Committee of Ukraine - Moroz Svetlana Mikhaylovna;

- from the Head control and auditing department of Ukraine of Bagansky Vladimir Vladimirovich, Nikolenko Ning Nikolaevna, Roman? Va Mikhail Vasilyevich;

- from State Tax Administration of Ukraine - Alexander Gnatovich, Kulinichenko Valentin Nikolaevna's Dorosh;

- from the Ministry of Finance of Ukraine - Matviychuk Vladimir Makarovich;

- from National auditing committee of Ukraine - Pavlyuk Stepan Ivanovich;

- from the National Bank of Ukraine - Ryabts Victor Petrovich;

- from Prosecutor's office of Ukraine - Grishchenko Ivan Efimovich;

- from Audit Chamber of the Verkhovna Rada of Ukraine - Andrusenko Alexander Ivanovich, Kadkalenko Sergey Timofeyevich, Malikov Valery Vasilyevich, Nizhenskaya Tamara Vasilyevna;

- from Fund of state-owned property of Ukraine - Kryukov Vitaly Ivanovich, Pidgayny Andrey Petrovich,

being guided by Item of 1 part one of article 150 of the Constitution of Ukraine, Item 1 of Article 13, articles 40 and 65 of the Law of Ukraine "About the Constitutional Court of Ukraine", began at plenary meeting consideration of the case on the constitutional representation of the President of Ukraine of December 28, 1996 and on May 19, 1997 about compliance of the Constitution of Ukraine of the Law of Ukraine "About Audit Chamber of the Verkhovna Rada of Ukraine" and to the Resolution of the Verkhovna Rada of Ukraine "About interpretation of article 98 of the Constitution of Ukraine".

In the course of consideration of case papers the Constitutional Court of Ukraine at plenary meeting by the Resolution of July 10, 1997 according to Art. 23 of Regulations of the Constitutional Court of Ukraine separated noted constitutional productions on two separate productions. In the matter of relatively compliance of the Resolution of the Verkhovna Rada of Ukraine the Constitutional Court of Ukraine made on July 11, 1997 the Decision "On interpretation of article 98 of the Constitution of Ukraine".

Reason for consideration of this case according to Articles 39, 40 and 71 Laws of Ukraine "About the Constitutional Court of Ukraine" became the constitutional representation of the President of Ukraine of December 28, 1996 about discrepancy of the Constitution of Ukraine of the Law of Ukraine "About Audit Chamber of the Verkhovna Rada of Ukraine" of July 11, 1996.

Dispute availability as for compliance of the Law of Ukraine "About Audit Chamber of the Verkhovna Rada of Ukraine" regarding determination of the status, tasks, functions and powers of Audit Chamber to provisions of the Constitution of Ukraine is the basis for consideration of the case according to article 75 of the Law of Ukraine "About the Constitutional Court of Ukraine".

Having heard Martynenko's judges-speakers of Item F. and Kostitsky M. V., explanation of representatives of the subject of the constitutional predstavleniyaburchak F.G., Pidpalov L. V., representatives of the Verkhovna Rada of Ukrainyzayts A. P., Selivanova A. O., representatives of the state bodies and organizations involved in consideration of the case, Andrusenka O.?., Dorosh O. G., Kadkalenko S. T., Kryukova V. I., Malikova V. V., Matviychuk V. M., Moroz S. M., Pavlyuk S. and., Ryabtsa V. P., having studied and having analyzed the conclusions of financial and economic And jurisprudential examinations, the temporary commission of the Constitutional Court of Ukraine and other case papers, the Constitutional Court of Ukraine established:

1. The subject of the constitutional representation claims that the Law of Ukraine "About Audit Chamber of the Verkhovna Rada of Ukraine" (further - the Law) is such which does not answer the Constitution of Ukraine, is unconstitutional in general, and states such arguments.

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