Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of March 16, 2004 No. 6-rp/2004

On case on the constitutional provision of 46 People's Deputies of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of provision of part two of article 9 of the Law of Ukraine "About the state support of mass media and social protection of journalists" (case on printing periodicals)

Case No. 1-3/2004

NAME OF UKRAINE

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

Selivon Nikolay Fedosovich - the chairman,

Voznyuk Vladimir Denisovich,

Evgrafov Pavel Borisovich,

Ivashchenko Vladimir Ivanovich,

Kostitsky Mikhail Vasilyevich,

Malinnikova Lyudmila Fiodorovna,

Mironenko Alexander Nikolaevich,

Nimchenko Vasily Ivanovich - the judge-speaker,

Rozenko Vitaly Ivanovich,

Savenko Nikolay Dmitriyevich,

Victor Egorovich's buffoons,

Timchenko Ivan Artemyevich,

Silent Vladimir Pavlovich,

Chubar Lyudmila Panteleevna,

Shapoval Vladimir Nikolaevich,

considered at plenary meeting case on the constitutional provision of 46 People's Deputies of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of provision of part two of article 9 of the Law of Ukraine "About the state support of mass media and social protection of journalists" of September 23, 1997 N 540/97-BP (Sheets of the Verkhovna Rada of Ukraine, 1997, N 50, Art. 302; 2002, N 29, Art. 200, N 50, Art. 368).

Pretext for consideration of the case according to Articles 39, 40 Laws of Ukraine "About the Constitutional Court of Ukraine" became the constitutional provision of 46 People's Deputies of Ukraine.

The basis for consideration of the case according to Articles 71, 75 Laws of Ukraine "About the Constitutional Court of Ukraine" are availability of dispute on compliance of the Constitution of Ukraine (constitutionality) of provision of part two of article 9 of the Law of Ukraine "About the state support of mass media and social protection of journalists".

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

1. The person of law on the constitutional provision - 46 People's Deputies of Ukraine - appealed to the Constitutional Court of Ukraine with the petition to recognize not corresponding to the Constitution of Ukraine (being unconstitutional), provision of part two of article 9 of the Law of Ukraine "About the state support of mass media and social protection of journalists" (further - the Law) according to which he rate for registration of subscription and delivery to subscribers of printing periodicals shall constitute no more than 40 percent of cost of production of one copy of the subscription edition.

Cost of production of one copy of the subscription edition is determined by the Law as any direct material and general production expenses connected with creation of printing periodic mass media (editions) without chromaticity of seal of the edition and expenses on registration of subscription, delivery to subscribers of printing periodicals or any other expenses of the distributor (Article 1).

Authors of the petition consider that the specified provision of the law the Verkhovna Rada of Ukraine settled rate for registration of subscription and delivery of periodicals, thereby went beyond the competence determined by Articles 85, 92 Constitutions of Ukraine and touched on itself powers of executive body as according to article 116 of the Constitution of Ukraine carrying out price policy provides the Cabinet of Ministers of Ukraine.

2. After opening of the constitutional proceeedings in the Constitutional Court of Ukraine the written address from 15 People's Deputies of Ukraine about withdrawal of the signatures under the constitutional provision arrived.

Motives concerning the reasons of recall of the signature of each People's Deputy of Ukraine are not given. As according to article 40 of the Law of Ukraine the signature of the deputy does not speak "Of the Constitutional Court of Ukraine", the Constitutional Court of Ukraine left the address of People's Deputies of Ukraine without satisfaction.

3. The president of Ukraine in the letter in the Constitutional Court of Ukraine specified that the right of citizens of Ukraine to information is affirmed by the Law of Ukraine "About information". For the purpose of ensuring protection of this right the Verkhovna Rada of Ukraine in part two of article 9 of the Law established limiting rate for registration of subscription and delivery to subscribers of printing periodicals.

By the specified regulation, in his opinion, it is not simply established rate for registration of subscription and delivery to subscribers of printing periodicals, and the relative level of this rate above which expenses of the distributor shall be compensated for the account of means of the Government budget of Ukraine is determined. It is determination of price policy and 5 parts one of Article 85, Item 8 parts one of article 92 of the Constitution of Ukraine shall be performed by the Verkhovna Rada of Ukraine according to Items 4,.

4. The chairman of the Verkhovna Rada of Ukraine in the letter in the Constitutional Court of Ukraine claims that, accepting edition of part two of article 9 of the Law, the Verkhovna Rada of Ukraine did not cancel the established rates but only specified their limit that is realization of its powers, stipulated in Item 8 parts one of article 92 of the Constitution of Ukraine, concerning determination of the legal basis and guarantees of entrepreneurship, competition rules and regulations of anti-monopoly regulation.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.