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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of September 28, 2000 No. 10-rp/2000

On case on the constitutional representation of 45 People's Deputies of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of Item 2 of article 2 of the Law of Ukraine "About privatization of the state housing stock" (case on privatization of the state housing stock)

Case No. 1-37/2000

NAME OF UKRAINE

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

Victor Egorovich's buffoons - the chairman,

Voznyuk Vladimir Denisovich,

Kozyubra Nikolay Ivanovich,

Korniyenko Nikolay Ivanovich,

Kostitsky Mikhail Vasilyevich,

Malinnikova Lyudmila Fiodorovna,

Nemchenko Vasily Ivanovich - the judge-speaker,

Rozenko Vitaly Ivanovich,

Selivon Nikolay Fedosovich,

Timchenko Ivan Artemyevich,

Silent Vladimir Pavlovich,

Chubar Lyudmila Panteleevna,

Shapoval Vladimir Nikolaevich,

Yatsenko Stanislav Sergeyevich,

with the assistance of representatives of the person of law on the constitutional representation - 45 national deputies of Ukraine - Ponedilko Victor Ivanovich, the People's Deputy of Ukraine, Baburin Alexey Vasilyevich, the People's Deputy of Ukraine; Permanent representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine Selivanov Anatoly Aleksandrovich

considered at plenary meeting case on the constitutional representation of 45 People's Deputies of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of Item 2 of article 2 of the Law of Ukraine "About privatization of the state housing stock" of June 19, 1992 N 2482-XII in edition of the Law of Ukraine "About modification and amendments in the Law of Ukraine "About privatization of the state housing stock" of February 22, 1994 N 3981-XII (Sheets of the Verkhovna Rada of Ukraine, 1992, N 36, Art. 524; 1994, N 24, Art. 182).

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 45 People's Deputies of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of Item 2 of article 2 of the Law of Ukraine "About privatization of the state housing stock".

The basis for consideration of the case according to article 71 of the Law of Ukraine "About the Constitutional Court of Ukraine" is availability of dispute on compliance of the Constitution of Ukraine (constitutionality) of provisions of Item 2 of article 2 of the Law of Ukraine "About privatization of the state housing stock".

Having heard the judge-speaker Nemchenko V. I., Ponedilko V. I. explanations., Baburina O. V., Selivanov A. About. and having researched case papers, the Constitutional Court of Ukraine established:

1. The Verkhovna Rada of Ukraine adopted on June 19, 1992 the Law of Ukraine "About privatization of the state housing stock" (further - the Law) which determines the legal basis of privatization of housing which is in state-owned property, its further use and content.

By the law of Ukraine "About modification and amendments in the Law of Ukraine "About privatization of the state housing stock" of February 22, 1994 Item 2 of article 2 of the Law it was reworded as follows according to which of the list of subjects to privatization of the state housing stock are excluded: apartments museums; apartments (house) located in the territories of the closed military settlements, the companies, organizations and the organizations, natural and biospheric wildlife areas, national parks, botanical gardens, dendrology, zoological, regional landscape parks, memorial parks of landscape gardening art, historical and cultural wildlife areas, the museums wildlife areas; rooms in hostels; apartments (house) which are in critical condition (in which is excluded to provide safe accommodation of people);

the apartments (rooms, houses) carried in accordance with the established procedure to number office and also apartments (house) located in the zone of unconditional (obligatory) settling out contaminated owing to the Chernobyl accident.

People's Deputies of Ukraine in the constitutional representation specify that the main content of this provision of the law prohibits privatization of housing located in the territories of historical and cultural, natural and biospheric wildlife areas, national parks and so forth that contradicts provisions of part two of article 24 of the Constitution of Ukraine according to which there cannot be privileges or restrictions of the rights of citizens, in particular, on signs of their place of residence, and article 41 of the Constitution of Ukraine which excludes illegal deprivation of the property right and proclaims the right of private property indestructible.

Referring to Item 1 of Transitional provisions of the Constitution of Ukraine according to which the laws and other regulations adopted to enforcement by the Constitution of Ukraine are acting in part which does not contradict the Constitution of Ukraine, authors of representation appealed with the petition to the Constitutional Court of Ukraine to recognize provisions of Item 2 of article 2 of the Law such which do not answer the Constitution of Ukraine.

Representatives of the person of law on the constitutional representation in the Constitutional Court of Ukraine supported representation and specified that according to article 22 of the Constitution of Ukraine constitutional rights and freedoms which are guaranteed to man and citizen cannot be cancelled. Besides representatives claimed that in the conditions of implementation of policy of privatization of property objects of not housing stock of welfare appointment together with the apartment houses located in the territories of certain historical and cultural wildlife areas and also in military camps of military units which are disbanded, transferred (are redeemed) to property of legal entities whereas privatization of housing by citizens in these houses is forbidden by the provision of the law which is disputed.

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