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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,

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 analysed 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.

First of all the subject of the constitutional representation pays attention to discrepancy of the Constitution of Ukraine of the Law regarding determination of the nature of Audit Chamber, its interrelation with the Verkhovna Rada of Ukraine. If the Constitution of Ukraine provides formation of Audit Chamber as state body which acts "on behalf of the Verkhovna Rada of Ukraine" and its appointment determines as "control of use of means of the Government budget of Ukraine" (Article 98), then the Law determines Audit Chamber as body of the most Verkhovna Rada of Ukraine to which implementation of the highest state financial and economic control is assigned.

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