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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of March 4, 2004 No. 5-rp/2004

On case on the constitutional provision of 50 People's Deputies of Ukraine on official interpretation of provisions of part three of article 53 of the Constitution of Ukraine "the state provides availability and free of charge preschool, complete general secondary, professional, higher education in the state and utility educational institutions" (case on availability and free of charge education)

Case No. 1-4/2004

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,

Ivashchenko Vladimir Ivanovich,

Kostitsky Mikhail Vasilyevich,

Malinnikova Lyudmila Fiodorovna - the judge-speaker,

Mironenko Alexander Nikolaevich,

Nimchenko Vasily Ivanovich,

Wheaten Valery Grigoryevich,

Rozenko Vitaly Ivanovich,

Savenko Nikolay Dmitriyevich,

Victor Egorovich's buffoons,

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 provision Rudkovsky Nikolay Nikolaevich - the People's Deputy of Ukraine; the representatives recruited in consideration of the case: from the Verkhovna Rada of Ukraine - Ustenko Alexander Andreevich, the People's Deputy of Ukraine, the chairman of subcommittee of Committee of the Verkhovna Rada of Ukraine concerning science and education; Selivanov Anatoly Aleksandrovich, the Permanent representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine; from the President of Ukraine - Nosov Vladislav Vasilyevich, the Permanent representative of the President of Ukraine in the Constitutional Court of Ukraine; from the Cabinet of Ministers of Ukrainybogomolov Anatoly Grigoryevich, Stepko Mikhail Filimonovich, Ognevyyuk Victor Aleksandrovich, deputy ministers of education and sciences of Ukraine, Vorobyov Victor Anatolyevich, the head of department of finance of education, science and culture of Department of the consolidated budget of the Ministry of Finance of Ukraine, Gorbunova Lidiya Nikolaevna, the deputy minister of justice of Ukraine; from the Ministry of Education and Science of Ukraine - Sviridenko Anatoly Mikhaylovich, the head of legal department of the Ministry of Education and Science of Ukraine,

considered at plenary meeting case on the constitutional provision of 50 People's Deputies of Ukraine on official interpretation of provisions of part three of article 53 of the Constitution of Ukraine "the state provides availability and free of charge preschool, complete general secondary, professional, higher education in the state and utility educational institutions".

The constitutional provision of People's Deputies of Ukraine became pretext 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 article 93 of the Law of Ukraine "About the Constitutional Court of Ukraine" is practical need for official interpretation of the specified provisions of part three of article 53 of the Constitution of Ukraine.

Having heard the judge-speaker Malinnikova L. F., Rudkovsky M. M., Ustenko O. A. explanations., Selivanova A. O., Nosova V. V., Bogomolov A. G., Ognevyyuka V. O., Stepko M. F., Vorobyov V. A., Gorbunova L. M., Sviridenko A. M. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional provision - 50 People's Deputies of Ukraine - appealed to the Constitutional Court of Ukraine with the petition for official interpretation of provisions of part three of article 53 of the Constitution of Ukraine concerning ensuring availability and free of charge preschool, complete general secondary, professional, higher education in the state and utility educational institutions.

In the constitutional provision, first, it is specified that though acceptance of children is carried out to preschool educational institutions at the request of parents or persons, them replacing (article 34 of the Law of Ukraine "About education"), it does not exempt the state from the obligation "provide compulsory primary education" as the international acts "guarantee the rights of children to preschool education".

Besides, People's Deputies of Ukraine claim that insufficient public financing and reducing with respect thereto led networks of the state and utility preschool educational institutions to the fact that citizens, without having opportunity to arrange children in these institutions because of their insufficient quantity in certain settlement, at the same time are not able to pay preschool education in institutions of other pattern of ownership.

Secondly, People's Deputies of Ukraine ask to explain whether the gratuitousness of complete general secondary education guaranteed by part three of article 53 of the Constitution of Ukraine in the state and utility educational institutions "includes obligation of the state to finance expenses on ensuring training process".

Thirdly, the person of law specifies the constitutional provision that "the part three of article 53 of the Constitution of Ukraine does not provide exceptions of constitutional right on free receipt of the higher education in the state and utility educational institutions" therefore addresses for explanation, or "the amount of free higher education (on competitive basis) is limited only to amount of the state order" or "or providing the right of citizens freely is priority for the state and utility educational institutions to get higher education."

2. The president of Ukraine in the letter in the Constitutional Court of Ukraine noted that the state provides free education only in preschool and general education educational institutions of the state and utility patterns of ownership. In educational institutions of other patterns of ownership the state provides development of education not by their financing, and the means of public administration determined in the legislation on education.

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