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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of December 13, 2001 No. 18-rp/2001

On the case of the constitutional representation of People's Deputies of Ukraine about compliance of the Constitution of Ukraine (constitutionality) of provisions of the paragraph of the fourth of Article 2, Article parts two 6, parts one, the second article 10 of the Law of Ukraine "About youth and children's public organizations" (case on the youth organizations)

Case No. 1-43/2001

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,

Evgrafov Pavel Borisovich,

Ivashchenko Vladimir Ivanovich,

Kozyubra Nikolay Ivanovich,

Korniyenko Nikolay Ivanovich,

Kostitsky Mikhail Vasilyevich,

Malinnikova Lyudmila Fiodorovna,

Mironenko Alexander Nikolaevich,

Nemchenko Vasily Ivanovich,

Rozenko Vitaly Ivanovich,

Savenko Nikolay Dmitriyevich,

Selivon Nikolay Fedosovich,

Silent Vladimir Pavlovich,

Chubar Lyudmila Panteleevna,

Shapoval Vladimir Nikolaevich,

Yatsenk Stanislav Sergeyevich - the judge-speaker,

with the assistance of the representative of the person of law on the constitutional representation Petrov Oleg Vladimirovich - the People's Deputy of Ukraine, representatives of the Verkhovna Rada of Ukraine: Misyura Vadim Yaroslavovich - the People's Deputy of Ukraine, the chairman of subcommittee of Committee of the Verkhovna Rada of Ukraine concerning youth policy, physical culture, sport and tourism, Selivanov Anatoly Aleksandrovich - the Permanent representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine, and also attracted to participate the Constitutional Court of Ukraine in consideration of the case of the representative of the Ministry of Justice of Ukraine Gorbunova Lidiya Nikolaevna - the Deputy State secretary of the Ministry of Justice of Ukraine; representatives of the State committee of youth policy, sport and tourism of Ukraine: Tsibukh Valery Ivanovich - the Chairman of the State committee of youth policy, sport and tourism of Ukraine, Bezulik Tatyana Vladimirovna - the first deputy director of State department of youth and family policy of the State committee of youth policy, sport and tourism of Ukraine, Klyashtorny Alexey Nikolaevich - the chairman of the Union of youth public organizations "Youth Parliament of Ukraine", representatives of the Ukrainian National Committee of the Youth Organizations (UNCYO) Kirilenko Vyacheslav Anatolyevich - the People's Deputy of Ukraine, the board member of UNKMO, Lyalki Alexander Lyubomirovich - the vice-chairman of UNKMO; the witness Priyanchuk Igor Vasilyevich - the chairman of the Union of young lawyers of Ukraine,

considered at plenary meeting case on the constitutional representation of People's Deputies of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of the paragraph of the fourth of Article 2, to Article part two 6, of parts one, the second article 10 of the Law of Ukraine "About youth and children's public organizations" of December 1, 1998 N 281-XIV (In? домост? Verkhovno ї For the sake of Ukra§ni, 1999, N 1, the Art. 2).

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 fifty People's Deputies of Ukraine.

The basis, for consideration of the case according to Articles 71, 82 Laws of Ukraine "About the Constitutional Court of Ukraine" are availability of dispute on compliance of the Constitution of Ukraine (constitutionality) of separate provisions of the Law of Ukraine "About youth and children's public organizations".

Having heard the judge-speaker Yatsenko S. S., explanations Bezulik T. V., Gorbunova L. M., Kirilenko V. A., Klyashtorny O. M., Lyalki O. L., Misyura V. Ya., Petrova O. V., Priyanchuk I. V., Selivanova A. O., Tsibukh V. I. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation appealed to the Constitutional Court of Ukraine with the petition to recognize unconstitutional provisions of the paragraph of the fourth Article 2, Article parts two 6, parts two of article 10 of the Law of Ukraine "About youth and children's public organizations" of December 1, 1998 N 281-XIV (further - the Law). People's Deputies of Ukraine consider that the challenged provisions, namely: about "illegal determination by the Law of Ukraine of the Ukrainian national committee of the youth organizations as union through which the state financial support of activities of youth and children's public organizations", concerning coordination of UNKMO of youth movement, about combination of the majority by this union youth and children's public организацийпротиворечат to "the principles of equality of public organizations stated in parts four and the fifth article 36 of the Constitution of Ukraine" is performed. During consideration of the case at plenary meeting the representative of the person of law on the constitutional representation expressed doubt concerning compliance of the Constitution of Ukraine also of provision of part one of article 10 of the Law.

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