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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of January 16, 2003 No. 1-rp/2003

On the case of the constitutional representation of 50 People's Deputies of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of the Constitution of the Autonomous Republic of Crimea and the Law of Ukraine "About approval of the Constitution of the Autonomous Republic of Crimea" (case on the Constitution of the Autonomous Republic of Crimea)

Case No. 1-3/2003

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,

Rozenko Vitaly Ivanovich,

Savenko Nikolay Dmitriyevich,

Victor Egorovich's buffoons,

Timchenko Ivan Artemyevich,

Silent Vladimir Pavlovich,

Tkachuk Pavel Nikolaevich,

Chubar Lyudmila Panteleevna,

Shapoval Vladimir Nikolaevich,

with the assistance of representatives of the person of law on the constitutional representation Ostash Igor Ivanovich - the People's Deputy of Ukraine and Barabash Alexander Leonidovich - the president of Association of People's Deputies of Ukraine; recruited in Leonid Ivanovich's Rook - the People's Deputy of Ukraine, Selivanov Anatoly Aleksandrovich - the Permanent representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine, representatives of the Verkhovna Rada of the Autonomous Republic of Crimea Kiselyov Vasily Alekseevich - the First Deputy Chairman of the Verkhovna Rada of the Autonomous Republic of Crimea, Demidov Grigory Viktorovich - the first deputy head of the Secretariat of the Verkhovna Rada of the Autonomous Republic of Crimea, the chief of Legal management of the Secretariat of the Verkhovna Rada of the Autonomous Republic of Crimea, Nosov Vladislav Vasilyevich - the Permanent representative of the President of Ukraine in the Constitutional Court of Ukraine,

considered at plenary meeting case on the constitutional representation of 50 People's Deputies of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of the Constitution of the Autonomous Republic of Crimea and to the Law of Ukraine "About approval of the Constitution of the Autonomous Republic of Crimea" of December 23, 1998 N 350-XIV (In? домост? Verkhovno ї For the sake of Ukra§ni, 1999, N 5-6, Art. 43).

The constitutional representation of 50 People's Deputies of Ukraine became reason for consideration of the case according to article 39 of the Law of Ukraine "About the Constitutional Court of Ukraine".

The basis for consideration of the case according to Articles 71, 75 Laws of Ukraine "About the Constitutional Court of Ukraine" are availability of dispute on constitutionality of provisions of the Constitution of the Autonomous Republic of Crimea and the Law of Ukraine "About approval of the Constitution of the Autonomous Republic of Crimea".

Having heard the judge-speaker Evgrafov of the Item B., Barabash O. L. explanation., L.I., Selivanov A. O. Rook., Kiselyov V. O., Demidov G. V., Nosov 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 - appealed to the Constitutional Court of Ukraine with the petition to recognize such which do not answer the Constitution of Ukraine (are unconstitutional), provisions of the Constitution of the Autonomous Republic of Crimea and the Law of Ukraine "About approval of the Constitution of the Autonomous Republic of Crimea". In particular, as it is specified in the constitutional representation, in names of Chapter 2 and Article 7, and also in the text of Items 1, 2 articles 7 of the Constitution of the Autonomous Republic of Crimea are applied the concept "territory of the Autonomous Republic of Crimea" that "on constitutional and legal essence (in the applied context)" 134 Constitutions of Ukraine which establish the principles of unity, integrity and immunity of the territory of Ukraine contradict provisions of Articles 2, of 132,.

1.1. In the letter of the President of Ukraine it is specified that application in the Constitution of the Autonomous Republic of Crimea of the term "territory of the Autonomous Republic of Crimea" does not contradict provisions of Articles 2, 132 Constitutions of Ukraine about unity and integrity of the territory of Ukraine.

The chairman of the Verkhovna Rada of Ukraine considers that statement of the person of law on the constitutional representation of rather brought up questions "is based on wrong interpretation of the concept "territory" when concepts of the state territory and the corresponding territory of administrative and territorial unit are identified. Ukraine as the sovereign and independent state, is noted in the letter, "has the state territory and as the unitary state has no and cannot incorporate other state educations". According to the Chairman of the Verkhovna Rada of Ukraine, the concept "territory of the Autonomous Republic of Crimea" which is applied in Items 1, 2 articles 7 of the Constitution of the Autonomous Republic of Crimea means "the administrative and territorial unit territory as a part of the state territory of Ukraine and does not contradict the principles established by the Constitution of Ukraine about unity, integrity and immunity of the state territory of Ukraine".

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