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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of October 17, 2002 No. 17-rp/2002

On the case of constitutional to representation of 50 People's Deputies of Ukraine on official interpretation of provisions of Articles 75, 82, 84, 91, 104 Constitutions of Ukraine (about powers of the Verkhovna Rada of Ukraine)

Case No. 1-6/2002

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,

Evgrafov Pavel Borisovich,

Ivashchenko Vladimir Ivanovich,

Kozyubra Nikolay Ivanovich,

Malinnikova Lyudmila Fiodorovna,

Mironenko Alexander Nikolaevich,

Rozenko Vitaly Ivanovich,

Savenko Nikolay Dmitriyevich,

Timchenko Ivan Artemyevich,

Tkachuk Pavel Nikolaevich,

Chubar Lyudmila Panteleevna,

Shapoval Vladimir Nikolaevich - the judge-speaker,

with the assistance of the representative of the person of law on the constitutional representation Shishkin Victor Ivanovich - the People's Deputy of Ukraine (for the period of the address to the Constitutional Court of Ukraine), and also 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,

considered at plenary meeting case on the constitutional representation of 50 People's Deputies of Ukraine on official interpretation of provisions of Articles 75, of 82, of 84, of 91, 104 Constitutions of Ukraine.

The constitutional representation of People's Deputies 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.

Having heard the judge-speaker Shapoval V. M., Shishkin V. I. explanations., Selivanova A. O., Nosova V. V. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation - 50 People's Deputies of Ukraine - appealed to the Constitutional Court of Ukraine with the petition to give official interpretation of provisions of Articles 75, of 82, of 84, of 91, 104 Constitutions of Ukraine.

People's Deputies of Ukraine prove the petition by the fact that the articles of the Constitution of Ukraine provided in the constitutional representation contain provisions which are not determined unambiguously, are not concretized and therefore in case of application there are contradictions in their exact sense and content.

In the letter of the Chairman of the Verkhovna Rada of Ukraine it is specified that the Constitution of Ukraine established general terms in case of which the parliament is authorized. Observance of these conditions is necessary and sufficient for recognition of activities of the Verkhovna Rada of Ukraine right ceremonious. Points of order of work of parliament, according to the Chairman of the Verkhovna Rada of Ukraine, shall be settled by the law on regulations of the Verkhovna Rada of Ukraine. At the same time official interpretation of provisions of the articles of the Constitution of Ukraine specified in the constitutional representation is necessary for providing the accurate legal basis of work of the Verkhovna Rada of Ukraine.

In the letter of the President of Ukraine it is specified that the questions which are brought up in the constitutional representation are subject of legislative regulation and do not treat powers of the Constitutional Court of Ukraine.

2. People's Deputies of Ukraine appeal to the Constitutional Court of Ukraine with the petition to explain: "What is the Verkhovna Rada of Ukraine as body (legislative) power (Article 75) In what consists legal content of category "body" (in this case - for the Verkhovna Rada of Ukraine)? What legallistic signs grant to certain number of People's Deputies of Ukraine the right to be effective as body of the state (legislative) power and to perform all powers and functions determined by the Constitution of Ukraine?"

The constitutional court of Ukraine in official interpretation of provisions of article 75 of the Constitution of Ukraine recognizes that the people as the carrier of sovereignty and the single source of the power perform the power directly and through public authorities and local government bodies (part two of article 5 of the Constitution of Ukraine).

The Verkhovna Rada of Ukraine is determined in article 75 of the Constitution of Ukraine by parliament - the single regulatory authority in Ukraine. As the public authority the Verkhovna Rada of Ukraine is collegiate organ which is constituted by four hundred fifty People's Deputies of Ukraine. Powers of the Verkhovna Rada of Ukraine are implemented by joint activities of People's Deputies of Ukraine at meetings of the Verkhovna Rada of Ukraine during its sessions. Determination of the Verkhovna Rada of Ukraine by the single regulatory authority means that any other public authority is not authorized to adopt the laws. The Verkhovna Rada of Ukraine performs legislature independently, without participation of other bodies.

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