DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of November 11, 2004 No. 16-rp/2004

On case on the constitutional appeal of the Central union of consumer societies of Ukraine on official interpretation of provisions of Item 1 of Article 9, Item 1 of article 10 of the Law of Ukraine "About consumer cooperation", parts four of article 37 of the Law of Ukraine "About cooperation" (case on protection of the property right of the organizations of consumer cooperation)

Case No. 1-30/2004

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,

Savenko Nikolay Dmitriyevich,

Stanik Syuzanna Romanovna,

Silent Vladimir Pavlovich,

Tkachuk Pavel Nikolaevich,

Chubar Lyudmila Panteleevna,

Shapoval Vladimir Nikolaevich,

considered at plenary meeting case on the constitutional appeal of the Central union of consumer societies of Ukraine on official interpretation of provisions of Item 1 of Article 9, of Item 1 of article 10 of the Law of Ukraine "About consumer cooperation" of April 10, 1992 N 2265-XII (Sheets of the Verkhovna Rada of Ukraine, 1992, N 30, the Art. 414), parts four of article 37 of the Law of Ukraine "About cooperation" of July 10, 2003 N 1087-IV (Sheets of the Verkhovna Rada of Ukraine, 2004, N 5, the Art. 35).

Reason for consideration of the case according to Articles 42, 43 Laws of Ukraine "About the Constitutional Court of Ukraine" became the constitutional appeal of the Central union of consumer societies of Ukraine.

The basis for consideration of the case according to article 94 of the Law of Ukraine "About the Constitutional Court of Ukraine" is ambiguous application of provisions of the mentioned articles of the laws concerning protection of the property right of the organizations of consumer cooperation by courts of Ukraine, other public authorities that leads to violation of the rights of these organizations.

Having heard the judge-speaker Malinnikova L. F. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional address - the Central union of consumer societies of Ukraine (further - Ukoopsoyuz) - appealed to the Constitutional Court of Ukraine with the petition to give official interpretation of provisions of Item 1 of Article 9, of Item 1 of article 10 of the Law of Ukraine "About consumer cooperation", parts four of article 37 of the Law of Ukraine "About cooperation".

Provisions of Item 1 of article 9 of the Law of Ukraine "About consumer cooperation" provide that "the property of consumer cooperation is one of ownership in common forms. It consists of property of consumer societies, unions subordinated to them the companies and the organizations and their joint property. Each member of consumer society has the share in its property which is determined by the sizes obligatory share and other fees, and also dividends added on them.

Ownership, use and the order of property of consumer cooperation perform its bodies according to the competence determined by charters of consumer societies and their unions".

According to provisions of Item 1 of article 10 of this Law "the property of consumer cooperation is inviolable, is under protection of the state and is protected by the law on an equal basis with other patterns of ownership. Derivation of property of consumer societies and their unions on the purposes which are not connected with their authorized activities is forbidden".

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