Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of May 20, 2004 No. 12-rp/2004

On the case of the constitutional idea of 50 People's Deputies of Ukraine of official interpretation of provision of part four of article 12 of the Law of Ukraine "About local self-government in Ukraine" concerning compatibility of position of the rural, settlement, city chairman with the mandate of the deputy of the Verkhovna Rada of the Autonomous Republic of Crimea (case on compatibility of position of the rural, settlement, city chairman with the mandate of the deputy of the Verkhovna Rada of the Autonomous Republic of Crimea)

Case No. 1-11/2004

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 - the judge-speaker,

Ivashchenko Vladimir Ivanovich,

Kostitsky Mikhail Vasilyevich,

Malinnikova Lyudmila Fiodorovna,

Mironenko Alexander Nikolaevich,

Wheaten Valeria Grigoryevna,

Savenko Nikolay Dmitriyevich,

Victor Egorovich's buffoons,

Stanik Syuzanna Romanovna,

Silent Vladimir Pavlovich,

Tkachuk Pavel Nikolaevich,

Chubar Lyudmila Panteleevna,

Shapoval Vladimir Nikolaevich,

considered at plenary meeting case on the constitutional provision of 50 People's Deputies of Ukraine on official interpretation of provision of part four of article 12 of the Law of Ukraine "About local self-government in Ukraine" of May 21, 1997 N 280/97-BP (In? домост? Verkhovno ї For the sake of Ukra§ni, 1997, N 24, the Art. 170) about compatibility of position of the rural, settlement, city chairman with the mandate of the deputy of the Verkhovna Rada of the Autonomous Republic of Crimea.

The constitutional representation of 50 People's Deputies of Ukraine became reason for consideration of the case according to articles 39, of 41 Law of Ukraine "About the Constitutional Court 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 explanation, official interpretation of provision of part four of article 12 of the Law of Ukraine "About local self-government in Ukraine" about compatibility of position of the rural, settlement, city chairman with the mandate of the deputy of the Verkhovna Rada of the Autonomous Republic of Crimea.

Having heard the judge-speaker Evgrafov of the Item B. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation - 50 People's Deputies of Ukraine - appealed to the Constitutional Court of Ukraine with the petition for official interpretation of provision of part four of article 12 of the Law of Ukraine "About local self-government in Ukraine" (further the Law) about compatibility of position of the rural, settlement, city chairman with the mandate of the deputy of the Verkhovna Rada of the Autonomous Republic of Crimea.

People's Deputies of Ukraine prove practical need for official interpretation of the specified Law provision by the fact that according to it the rural, settlement, city chairman cannot be the deputy of any council, i.e. have other representative mandate. However, it is specified in the constitutional representation, number of deputies of the Verkhovna Rada of the Autonomous Republic of Crimea at the same time hold positions of city chairmen.

Referring to the Solution of the Constitutional Court of Ukraine of July 6, 1999 N 7-rp/99 (case on combination of positions of the People's Deputy of Ukraine and the city chairman), the person of law on the constitutional representation claims that in case of adoption of this Decision, as well as the Solution of the Constitutional Court of Ukraine of December 21, 2001 N 19-rp/2001 (case on compatibility of the mandate of the deputy of the Verkhovna Rada of the Autonomous Republic of Crimea with other types of activity), question of combination of position of the rural, settlement, city chairman with the mandate of the deputy of the Verkhovna Rada of the Autonomous Republic of Crimea was not subject of direct consideration of the Constitutional Court of Ukraine.

2. In the letter of the Chairman of the Verkhovna Rada of the Autonomous Republic of Crimea in the Constitutional Court of Ukraine it is specified that according to the Fundamental Law of Ukraine the Autonomous Republic of Crimea is not carried to local self-government. Its status is enshrined separately in the Section X "Autonomous Republic of Crimea" of the Constitution of Ukraine in which the question of compatibility of the mandate of the deputy of the Verkhovna Rada of the Autonomous Republic of Crimea with other types of activity is directly not settled. As the Constitution of Ukraine does not provide that the status of the deputy of the Verkhovna Rada of the Autonomous Republic of Crimea shall be determined by the law, by his opinion, the rural, settlement, city chairman has the right "combine the representative mandate with the mandate of the deputy of the Verkhovna Rada of the Autonomous Republic of Crimea which does not work at permanent basis, before settlement of this question as the Constitution of Ukraine or the relevant laws of Ukraine".

Affirms as the conclusions provided to the Constitutional Court of Ukraine by Fund of assistance to local self-government of Ukraine and National legal academy of Ukraine of Yaroslav the Wise that compatibility of positions of the rural, settlement, city chairman with the mandate of the deputy of the Verkhovna Rada of the Autonomous Republic of Crimea irrespective of, it carries out the powers on permanent basis or on public bases, according to the Constitution and the laws of Ukraine, legal line items of the Constitutional Court of Ukraine on this matter, the Constitution of the Autonomous Republic of Crimea approved by the Law of Ukraine of December 23, 1998 is inadmissible.

3. Solving the question which is brought up in the constitutional representation of People's Deputies of Ukraine, the Constitutional Court of Ukraine proceeds from the following.

3.1. By the law of Ukraine "About the Verkhovna Rada of the Autonomous Republic of Crimea" of February 10, 1998 N 90/98-BP it is established that deputies of the Verkhovna Rada of the Autonomous Republic of Crimea cannot have other representative mandate (Article part three 5). This requirement of the Law, considers the Constitutional Court of Ukraine, is general and extends to all deputies of the Verkhovna Rada of the Autonomous Republic of Crimea.

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.