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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of March 5, 2003 No. 5-rp/2003

On the case of the constitutional idea of the National Bank of Ukraine of official interpretation of provisions of Article 86, parts two of article 89 of the Constitution of Ukraine, Article part two 15, parts one of article 16 of the Law of Ukraine "About the status of the People's Deputy of Ukraine" (case on the appeal of People's Deputies of Ukraine to the National Bank of Ukraine)

Case No. 1-6/2003

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 - the judge-speaker,

Evgrafov Pavel Borisovich,

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 the representative of the person of law on the constitutional representation Bee-keeper Vasily Vasilyevich - the director of legal department of the National Bank of Ukraine; representatives of Supreme Radv of Ukraine: Dobkin Mikhail Markovic - the People's Deputy of Ukraine, the member of the committee of the Verkhovna Rada of Ukraine on the budget, 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; representatives of the Security Service of Ukraine: Ryamushkin Igor Evgenyevich - the head of department of Contractual legal department, Yursi Mikhail Yakovlevich - the deputy chief of Department of counterprospecting protection of economy of the state,

considered at plenary meeting case on official interpretation of provisions of Article 86, of part two of article 89 of the Constitution of Ukraine, Article part two 15, of part one of article 16 of the Law of Ukraine "About the status of the People's Deputy of Ukraine" of November 17, 1992 N 2790-XII in edition of the Law of Ukraine of March 22, 2001 N 2328-III (In? домост? Verkhovno ї For the sake of Ukra§ni, 1993, N 3, Art. 17; 2001, N 42, Art. 212).

The constitutional representation of the National Bank 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 part one of article 93 of the Law of Ukraine "About the Constitutional Court of Ukraine" is practical need for official interpretation of provisions of the specified articles of the Constitution of Ukraine, the Law of Ukraine "About the status of the People's Deputy of Ukraine" concerning the right to requests and addresses of People's Deputies of Ukraine, the right to the appeal of committees of the Verkhovna Rada of Ukraine to the National Bank of Ukraine about provision of information which is bank secrecy, and about implementation of supervising actions and application of measures of influence to banks and persons who are covered by its supervising activities.

Having heard the judge-speaker Voznyuk V. D., explanations of the Bee-keeper V.V., Dobkin M. M., Selivanova A.O., Nosov V. V., Ryamushkin I. E., Yursa M. Ya., the Constitutional Court of Ukraine established:

1. The National Bank of Ukraine - the person of law on the constitutional representation - appealed to the Constitutional Court of Ukraine with the petition to give official interpretation of provisions of Article 86, to part two of article 89 of the Constitution of Ukraine, Article part two 15, parts one of article 16 of the Law of Ukraine "About the status of the People's Deputy of Ukraine".

As it is specified in the constitutional representation, in the National Bank of Ukraine People's Deputies of Ukraine make inquiries and addresses and committees of the Verkhovna Rada of Ukraine - addresses about provision of information which is bank secrecy, and about implementation of supervising actions and application of measures of influence to banks and persons who are covered by its supervising activities. The person of law on the constitutional representation regards such requests and addresses as intervention in activities of the National Bank of Ukraine that contradicts the Constitution of Ukraine and the laws of Ukraine.

2. The president of Ukraine in the letter to the Constitutional Court of Ukraine specified that People's Deputies of Ukraine, committees of the Verkhovna Rada of Ukraine cannot address to the National Bank of Ukraine (any other bank) with the requirement about provision of information which is bank secrecy, and also to interfere with implementation of functions of banking supervision by the National Bank of Ukraine, to give mandatory instructions, orders and so forth as it does not answer the Constitution of Ukraine, the laws of Ukraine "About banks and banking activity", "About the National Bank of Ukraine". At the same time the specified subjects can address in the borders provided to them by the Constitution of Ukraine and the laws of Ukraine of powers to the National Bank of Ukraine on the questions carried to its competence with offers on implementation of these or those actions according to the procedure of banking supervision, but these addresses shall not have imperative nature.

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