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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of July 13, 2001 No. 11-rp/2001

On the case of the constitutional idea of People's Deputies of Ukraine of official interpretation of the terms "area" and "area in the city" which 29 parts one of Article 85, of part five to article 140 of the Constitution of Ukraine, and the concept "the organization of management of areas in the cities" which is applied in part five of article 140 of the Constitution of Ukraine and in part one of article 11 of the Law of Ukraine "About the capital of Ukraine - the hero town of Kiev", and also about official interpretation of provisions of Item 13 parts one of article 92 of the Constitution of Ukraine, Item of 41 part one of article 26 of the Law of Ukraine are applied in Item "In Ukraine" concerning powers of city councils independently to resolve issue of education and liquidation of areas in the city (case on administrative-territorial way) of local self-government

Case No. 1-39/2001

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 - the judge-speaker,

Evgrafov Pavel Borisovich,

Ivashchenko Vladimir Ivanovich,

Kozyubra Nikolay Ivanovich,

Kostitsky Mikhail Vasilyevich,

Malinnikova Lyudmila Fiodorovna,

Mironenko Alexander Nikolaevich,

Nemchenko Vasily Ivanovich,

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 the representative of the person of law on the constitutional representation Bondarenko Vladimir Dmitriyevich - the People's Deputy of Ukraine, Selivanov Anatoly Aleksandrovich - the Permanent representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine, Nosov Vladislav Vasilyevich - the Permanent representative of the President of Ukraine in the Constitutional Court of Ukraine, and also recruited in consideration of the case of Yalovy Vladimir Borisovich - the Deputy Kiev city chairman, Kiyevrada's secretary; Pogorelko Victor Fedorovich - the manager of department of constitutional right and local self-government of Institute of the state and the right of V. M. Koretsky of NAS of Ukraine, the doctor of jurisprudence, professors; Bordenyuk Vasily Ivanovich - the head of the department of the right and legislative process of the Ukrainian academy of public administration in case of the President of Ukraine, Candidate of Law Sciences, the associate professor; Novikova Tamar? Vadimovna - the acting as the manager of the sector of development and support of legal acts of Fund of assistance to local self-government of Ukraine,

considered at plenary meeting case on representation of People's Deputies of Ukraine on official interpretation of the terms "area" and "area in the city" which are applied in Item 29 parts one of Article 85, of part five of article 140 of the Constitution of Ukraine, and the concept "the organization of management of areas in the cities" which is applied in part five of article 140 of the Constitution of Ukraine and in part one of article 11 of the Law of Ukraine "About the capital of Ukraine - the hero town of Kiev" of January 15, 1999 N 401-XIV, and also about official interpretation of provisions of Item 13 parts one of article 92 of the Constitution of Ukraine, Item of 41 part one of article 26 of the Law of Ukraine "In Ukraine" of May 21, 1997 N 280/97-BP concerning powers of city councils independently to resolve issue of local self-government? educations and liquidations of areas in the city.

Reason for consideration of the case according to Articles 39, 40 Laws of Ukraine "About the Constitutional Court of Ukraine" became the specified representation of People's Deputies of Ukraine caused by the decision of the Kiev city council of January 30, 2001 N 162/1139 "About administrative-territorial way of the city of Kiev" which in the city of Kiev instead of 14 areas forms 10 new areas with determination of their borders.

The basis for consideration of the case according to article 93 of the Law of Ukraine "About the Constitutional Court of Ukraine" is practical need for clarification of contents of the terms and concepts specified in the constitutional representation for the purpose of determination of competence of city councils as local government bodies on permission of single questions of administrative-territorial way.

Having heard the judge-speaker Voznyuk V. D., Bondarenk V. D., Yalovy V. B. explanations, Pogorelkl V. F., Bordenyuka V. I., Novikova T. V., Selivanova A. O., Nosova V. V. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation - People's Deputies of Ukraine - considers that in the current legislation contents of the terms "area" and "area in the city" and also what body resolves issues of education and liquidation of areas in the city are not determined.

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