Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of December 14, 1999 No. 10-rp/99

On the constitutional idea of 51 People's Deputies of Ukraine of official interpretation of provisions of article 10 of the Constitution of Ukraine on application of state language by public authorities, local government bodies and its uses in educational process in educational institutions of Ukraine (case on application of Ukrainian)

Case No. 1-6/99

NAME OF UKRAINE

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

Victor Egorovich's buffoons - the chairman, the judge-speaker,

Voznyuk Vladimir Denisovich,

Evgrafov Pavel Borisovich,

Kozyubra Nikolay Ivanovich,

Korniyenko Nikolay Ivanovich,

Kostitsky Mikhail Vasilyevich,

Malinnikova Lyudmila Fiodorovna,

Martynenko Pyotr Fedorovich,

Mironenk Alexander Nikolaevich,

Nemchenko Vasily Ivanovich,

Rozenko Vitaly Ivanovich,

Savenko Nikolay Dmitriyevich,

Selivon Nikolay Fedosovich,

Timchenko Ivan Artemyevich,

Silent Vladimir Pavlovich,

Chubar Lyudmila Panteleevna,

Shapoval Vladimir Nikolaevich,

Yatsenko Stanislav Sergeyevich,

considered case on official interpretation of separate provisions of article 10 of the Constitution of Ukraine at plenary meeting.

Reason for consideration of the case according to Articles 39, 41 Law of Ukraine "About the Constitutional Court of Ukraine" steel two constitutional idea of People's Deputies of Ukraine of official interpretation of separate provisions of article 10 of the Constitution of Ukraine concerning obligation of application of state language by public authorities and local self-government, their officials, and also in educational process in the state educational institutions of Ukraine.

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" is practical need for official interpretation of provisions of article 10 of the Constitution of Ukraine about obligation of application of Ukrainian languages public authorities, their officials, and also in educational process in educational institutions of Ukraine.

As the constitutional representations of People's Deputies of Ukraine concern the same question - official interpretation of separate provisions of article 10 of the Constitution of Ukraine, according to article 58 of the Law of Ukraine "About the Constitutional Court of Ukraine" these representations are combined by the Resolution of the Constitutional Court of Ukraine of April 29, 1998 in one constitutional legal proceedings on case.

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

1. In the constitutional representation of People's Deputies of Ukraine the question of official interpretation of provisions of article 10 of the Constitution of Ukraine of obligation of application of state language by public authorities, their officials and use of Ukrainian in educational process in the state educational institutions of Ukraine is put.

The person of law on the constitutional representation claims that officials of the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, on duty neglect Administration of the President of Ukraine state language, "there is conscious ignoring" state language and in the majority the state educational institutions of Ukraine. Regulations of article 10 of the Constitution of Ukraine on ensuring with the state all-round development and functioning of Ukrainian in all spheres of public life in all territory of Ukraine properly are not carried out.

Due to given the person of law on the constitutional representation addressed with the petition to give official interpretation of article 10 of the Constitution of Ukraine about obligation of accomplishment of its provisions by public authorities of Ukraine and their officials, and also about obligation of use of Ukrainian in educational process in the state educational institutions of Ukraine.

2. The constitutional representation filed the additional materials, explanations received by the Constitutional Court of Ukraine from the Secretariat of the Verkhovna Rada of Ukraine, Committee of the Verkhovna Rada of Ukraine concerning science and education, the State committee of Ukraine for nationalities and migration, the Verkhovna Rada of the Autonomous Republic of Crimea, Council of Ministers of the Autonomous Republic of Crimea, Institute of Ukrainian of National academy of Sciences of Ukraine, the Donetsk state university, the Taurian national university of V. I. Vernadsky, All-Ukrainian society "Prosvita" of Taras Shevchenko is witnessed about different understanding and application of provisions of article 10 of the Constitution of Ukraine.

In separate materials it is also about obligation of functioning of state language in all spheres of public life, ownership and use its official and officials of public authorities and local government bodies, need of development and application of languages of ethnic minorities for the procedure determined by the law, and also their studying and use for educational institutions. It is specified also about feasibility of enhancement of legal settlement of language problems at the legislative level and adoption of the nation-wide development program and use of languages in Ukraine.

Given confirms practical need of explanation and official interpretation of provisions of article 10 of the Constitution of Ukraine in the context of constitutional legal regulation of procedure for application of state language in Ukraine.

3. The state (official) language is understood as language to which the state provides legal status of the obligatory means of communication in public spheres of public life.

The status of state language is provided by the constitution of Ukraine to Ukrainian (Article part one 10). It completely answers state and creative role of the Ukrainian nation that it is specified in preamble of the Constitution of Ukraine, the nation which historically lives in the territory of Ukraine constitutes absolute majority of its population and gave the official name to the state.

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.