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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of October 18, 2000 No. 11-rp/2000

On case on the constitutional representation of People's Deputies of Ukraine and the Representative of the Verkhovna Rada of Ukraine for human rights concerning compliance of the Constitution of Ukraine (constitutionality) of Articles 8, 11, 16 Laws of Ukraine "About labor unions, their rights and guarantees of activities" (case on freedom of formation of labor unions)

Case No. 1-36/2000

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,

Kozyubra Nikolay Ivanovich,

Korniyenko Nikolay Ivanovich,

Kostitsky Mikhail Vasilyevich,

Malinnikova Lyudmila Fiodorovna,

Savenko Nikolay Dmitriyevich,

Selivon Nikolay Fedosovich,

Silent Vladimir Pavlovich,

Chubar Lyudmila Panteleevna,

Shapoval Vladimir Nikolaevich,

Yatsenko Stanislav Sergeyevich - the judge-speaker,

with the assistance of representatives of persons of law on the constitutional representation - Onopenko Vasily Vasilyevich, the People's Deputy of Ukraine, Isakovich Sergey Vladimirovich, the representative Upolnomochenny of the Verkhovna Rada of Ukraine on human rights, Emts Ivan Grigoryevich, the adviser Upolnomochenny of the Verkhovna Rada of Ukraine for human rights; representatives of the Verkhovna Rada of Ukraine - Hari Vasily Georgiyevich, the People's Deputy of Ukraine, the chairman of subcommittee of Committee of the Verkhovna Rada of Ukraine concerning social policy and work, Selivanov Anatoly Aleksandrovich, the Permanent representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine and also who are attracted to participate the Constitutional Court of Ukraine in consideration of the case: the representative of the President of Ukraine - Nosov Vladislav Vasilyevich, the Permanent representative of the President of Ukraine in the Constitutional Court of Ukraine, the representative of the Ministry of Justice of Ukraine - Efimenko Leonid Vasilyevich, the deputy minister of justice of Ukraine, and the witness - Volynts Mikhail Yakovlevich, the chairman of Confederation of free labor unions of Ukraine,

considered at plenary meeting case on the constitutional representation of People's Deputies of Ukraine and the Representative of the Verkhovna Rada of Ukraine for human rights concerning compliance of the Constitution of Ukraine (constitutionality) of Articles 8, of 11, 16 Laws of Ukraine "About labor unions, their rights and guarantees of activities" of September 15, 1999 N 1045-XIV (Sheets of the Verkhovna Rada of Ukraine, 1999, N 45, the Art. 397).

Having heard the judge-speaker Yatsenko S. S., Onopenko V. V., Isakovich S. V., Selivanov A. O. explanations., Hari V.G., Nosov V. V., Efimenko L. V., Volyntsa M. Ya. and having researched case papers, the Constitutional Court of Ukraine established:

1.1. Persons of law on the constitutional representation are People's Deputies of Ukraine and the Representative of the Verkhovna Rada of Ukraine for human rights - consider that Articles 11, 16 Laws of Ukraine "About labor unions, their rights and guarantees of activities" contradict part three of article 36 of the Constitution of Ukraine which contains regulations on formation of labor unions without preliminary permission based on the free choice of their members.

People's Deputies of Ukraine, besides, refer to the fact that article 11 of the Law on the status of labor unions and article 8 about the status of trade union associations contradict article 22 of the Constitution of Ukraine as worsen the current situation of labor unions and their associations regarding need of confirmation of the status in case of legalization.

As it is specified in the constitutional representation, "About labor unions, their rights and guarantees of activities" follows from contents of article 16 of the Law of Ukraine that the labor union is considered created only from the moment of its registration in the relevant state bodies; this provision puts creation of labor union and its further existence into dependence on registering body.

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