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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of May 13, 1997 No. 1-zp

About official interpretation of Articles 58, 78, 79, 81 Constitutions of Ukraine and Articles 243-21, 243-22,243-25 of the Code of civil procedure of Ukraine (on the case of incompatibility of the deputy mandate)

Case No. 03/29-97

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,

Martynenk Pyotr Fedorovich,

Mironenk Alexander Nikolaevich,

Nemchenk Vasily Ivanovich,

Rozenk Vitaly Ivanovich,

Owlet Nikolay Dmitriyevich,

Selivon Nikolay Fedosovich,

Victor Egorovich's buffoons,

Silent Vladimir Pavlovich,

Chubar Lyudmila Panteleevna,

Yatsenk Stanislav Sergeyevich

with the assistance of the representative of the person of law on the constitutional representation - People's Deputies of Ukraine - Buteyk Anton Denisovich and representatives from the Verkhovna Rada of Ukraine Shinkar Alexander Ivanovich and Yarosh Vladimir Nikolaevich,

being guided by article 150 of the Constitution of Ukraine item 4 of Article 13, Articles 41, 51 and 65 Laws of Ukraine "About the Constitutional Court of Ukraine", considered at plenary meeting case on official interpretation of Articles 58, of 78, of 79, of 81 Constitution of Ukraine and Articles 243-21, 243-22, 243-25 of the Code of civil procedure of Ukraine.

The constitutional representation of People's Deputies of Ukraine became pretext for consideration of the case according to articles 39 and 41 of the Law of Ukraine "About the Constitutional Court of Ukraine".

Uncertainty in understanding of the specified articles of the Constitution of Ukraine and the Code of civil procedure of Ukraine about early termination of powers of People's Deputies of Ukraine according to article 78 of the Constitution of Ukraine (violation of requirements about incompatibility of the deputy mandate with other types of activity) became 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", than and practical need for their official interpretation is caused.

The person of law on the constitutional representation - People's Deputies of Ukraine - asks to give official interpretation:

a) parts two and third article 78 of the Constitution of Ukraine in their ratio with parts three and the fourth article 81 of the Constitution of Ukraine, namely:

- whether application of legal process of early termination of powers of the People's Deputy of Ukraine provided by part four of article 81 of the Constitution of Ukraine about People's Deputies of Ukraine who combine the deputy mandate with stay in public service answers the Constitution of Ukraine;

- whether application of Articles 243-21, 243-22 and 243-25 of the Code of civil procedure of Ukraine which provide procedure in cases on early termination of powers of the People's Deputy of Ukraine in case of failure to carry out by it of requirements about incompatibility of deputy activities with other types of activity, whether to cases of combination of the deputy mandate to public service and subordinated such cases to courts of law is approved with the Constitution of Ukraine;

b) article 79 of the Constitution of Ukraine about opportunity its application to People's Deputies of Ukraine who work as a part of the Verkhovna Rada of Ukraine of the current convocation;

c) Article 58 and Item 2 of Transitional provisions of the Constitution of Ukraine on possibility of application of articles 78 and 81 of the Constitution of Ukraine to the People's Deputies of Ukraine elected before introduction its action.

Having heard the judge-speaker Kozyubra M. I., explanation of the representative of the person of law on the constitutional representation Buteyk A. D. and representatives from the Verkhovna Rada of Ukraine Shinkar O. I. and Yarosha V. M., having studied the given materials, the Constitutional Court of Ukraine established:

1. According to part one of article 78 of the Constitution of Ukraine People's Deputies of Ukraine perform the powers on permanent basis. The part two of article 78 of the Constitution of Ukraine establishes incompatibility of the deputy mandate with other representative mandate or public service. Requirements about incompatibility of the deputy mandate with other types of activity are established by the law (part three of article 78 of the Constitution of Ukraine).

In case of failure to meet requirement about incompatibility of the deputy mandate with other types of activity of power of the People's Deputy of Ukraine stop ahead of schedule based on the law by a court decision (part four of article 81 of the Constitution of Ukraine).

The procedure for judicial implementation in such cases is established by Articles 243-21 - 243-25 Codes of civil procedure of Ukraine.

The person of law on the constitutional representation - People's Deputies of Ukraine - considers that the part four of article 81 of the Constitution of Ukraine which establishes legal process of early termination of powers of the People's Deputy of Ukraine extends only to cases of incompatibility of the deputy mandate with other types of activity established by the law (part three to article 78 of the Constitution of Ukraine), and cannot be applied to cases, determined by part two of article 78 of the Constitution of Ukraine - combination of the deputy mandate to other representative mandate or public service.

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