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Name of Ukraine

DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of January 30, 2003 No. 3-rp/2003

On the case of the constitutional representation of the Supreme Court of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of part three of Article 120, Article parts six 234, parts three of Article 236 of the Code of penal procedure of Ukraine (case on consideration by court of separate resolutions of the investigator and the prosecutor)

Case No. 1-12/2003

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,

Ivashchenko Vladimir Ivanovich,

Kostitsky Mikhail Vasilyevich,

Malinnikova Lyudmila Fiodorovna,

Mironenko Alexander Nikolaevich,

Nemchenko Vasily Ivanovich,

Rozenko Vitaly Ivanovich,

Savenko Nikolay Dmitriyevich,

Victor Egorovich's buffoons,

Timchenko Ivan Artemyevich,

Silent Vladimir Pavlovich - the judge-speaker,

Tkachuk Pavel Nikolaevich,

Chubar Lyudmila Panteleevna,

Shapoval Vladimir Nikolaevich,

with the assistance of representatives of the person of law on the constitutional representation Pilipchuk Pyotr Filippovich - the vice-chairman of the Supreme Court of Ukraine, Lukashova Nadezhda Pavlovna - the chief of legal management of the Supreme Court of Ukraine; the representative of the Verkhovna Rada of Ukraine Moysik Vladimir Romanovich - the People's Deputy of Ukraine, the Chairman of Committee of the Verkhovna Rada of Ukraine concerning legislative ensuring law-enforcement activities; Permanent representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine Selivanov Anatoly Aleksandrovich; representative of the President of Ukraine on this case Pasenyuk Alexander Mikhaylovich Deputy State secretary of the Ministry of Justice of Ukraine; The permanent representative of the President of Ukraine in the Constitutional Court of Ukraine Nosov Vladislav Vasilyevich, and also recruited in consideration of the case: the representative of the Prosecutor General's Office of Ukraine Kudryavtsev Victor Viktorovich - the deputy attorney general of Ukraine; representatives of the Security Service of Ukraine of Kartavtseva Valeria Stepanovicha - the first vice rector of National academy of the Security Service of Ukraine, Ryamushkin Igor Evgenyevich - the head of department of Contractual legal department of the Security Service of Ukraine; representatives of the Ministry of Internal Affairs of Ukraine Zakharov Victor Ivanovich - the first deputy chief of the Main Investigation Department, Rostov Igor Aleksandrovich - the deputy head of department of the Main Investigation Department; director of the Center of the comparative right under the Ministry of Justice of Ukraine Shevchuk Stanislav Vladimirovich,

The constitutional representation of the Supreme Court 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 Article 71, to Item 2 of Article 82, to article 83 of the Law of Ukraine "About the Constitutional Court of Ukraine" is availability of matters of argument on constitutionality of provisions of part three of Article 120, of Article part six 234, of part three of article 236 Code of Criminal Procedure of Ukraine.

Having heard Silent V.P.'s judge-speaker, explanations Pilipchuka P. P., Lukashovoy N. P., Moysik V. R., Selivanova A.O., Pasenyuk O. M., Nasal V.V., Kudryavtseva V. V., Kartavtseva V. S., Ryamushkina I. E., Zakharova V. I., Rostov I.O., Shevchuk S. V. and having researched case papers, the Constitutional Court of Ukraine established:

2. The resolution of Board of judges of the Constitutional Court of Ukraine on the constitutional representations and addresses of December 3, 2002 open constitutional proceeedings concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of part three of Article 120, Article parts six 234, parts three of article 236 Code of Criminal Procedure of Ukraine.

3. The constitutional court of Ukraine the Resolution of December 5, 2002 refused opening of the constitutional proceeedings concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of Article 110, to Article part five 234, of part two of article 236 Code of Criminal Procedure of Ukraine and about official interpretation of provisions of part three of Article 8, of Article part two 55, of part one of article 64 of the Constitution of Ukraine, part four of article 12 of the Law of Ukraine "About prosecutor's office" and the concepts "acts", "decisions", "actions", "divergence" which are applied in part two of article 55 of the Constitution of Ukraine, Articles 110, of 234, of 236 Codes of Criminal Procedure of Ukraine, article 248-3 GPK of Ukraine, part four to article 12 of the Law of Ukraine "About prosecutor's office".

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