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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of December 11, 2003 No. 20-rp/2003

On case on the constitutional representation of 62 People's Deputies of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of Item 3 parts two of Article 18, Articles 32, 33, 34, 35, 36, 37, the subitem 5 of Item 3 of the Section VII "Final and transitional provisions" of the Law of Ukraine "About judicial system of Ukraine" (case on Court of cassation of Ukraine)

Case No. 1-38/2003

NAME OF UKRAINE

Constitutional court of Ukraine as a part of judges of the Constitutional Court of Ukraine:

Shapoval Vladimir Nikolaevich - the chairman,

Voznyuk Vladimir Denisovich,

Evgrafov Pavel Borisovich,

Ivashchenko Vladimir Ivanovich,

Kostitsky Mikhail Vasilyevich,

Malinnikova Lyudmila Fiodorovna,

Mironenko Alexander Nikolaevich,

Nimchenko Vasily Ivanovich,

Wheaten Valery Grigoryevich,

Rozenko Vitaly Ivanovich,

Savenko Nikolay Dmitriyevich,

Victor Egorovich's buffoons,

Timchenko Ivan Artemyevich,

Silent Vladimir Pavlovich,

Tkachuk Pavel Nikolaevich,

Chubar Lyudmila Panteleevna - the judge-speaker,

with the participation of authorized at the request of the person of law on the constitutional representation of Crimson Yury Anatolyevich, the People's Deputy of Ukraine; recruited in consideration of the case: Markush Maria Andreevna - the representative of the Verkhovna Rada of Ukraine, Committee of the Verkhovna Rada of Ukraine concerning legislative ensuring law-enforcement activities, the People's Deputy of Ukraine; 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; Lukashovy Nadezhda Pavlovnypostoyannogo of the representative of the Supreme Court of Ukraine in the Constitutional Court of Ukraine; Yemelyanova Inna Ivanovna - the deputy minister of justice of Ukraine; Poltavts Yury Pavlovich - the member of the High Council of Justice, the secretary of section concerning preparation of representation for appointment of judges for the first time and releases them from positions; Volkov Alexander Fedorovich - the member of council of judges of Ukraine, the judge of the Supreme Court of Ukraine,

Pretext for consideration of the case according to Articles 39, 40 Laws of Ukraine "About the Constitutional Court of Ukraine" became the constitutional representation of 62 People's Deputies of Ukraine.

Having heard the judge-speaker Chubar L. P., explanations of Yu.A Crimson., Markush M. A., Selivanova A. O., Nosov V. V., Lukashova N. P., Yemelyanova I. I., Poltavtsa Yu. P., Volkova O. F. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation - 62 People's Deputies of Ukraine - appealed to the Constitutional Court of Ukraine with the petition for recognition unconstitutional Item 3 parts two of Article 18, of Articles 32, of 33, of 34, of 35, of 36, of 37, of the subitem 5 of Item 3 of the Section VII "Final and transitional provisions" of the Law of Ukraine "About judicial system of Ukraine" of February 7, 2002 (further - the Law).

The person of law on the constitutional representation proves approval about illegality of the specified provisions of the law by the fact that article 125 of the Constitution of Ukraine "accurately determined system of courts of law which local, Appeal, supreme specialized courts and the Supreme Court of Ukraine shall constitute", and creation of Court of cassation of Ukraine the Constitution of Ukraine is not provided. People's Deputies of Ukraine refer also to provision of part two of article 6 of the Constitution of Ukraine according to which bodies of legislative, executive and judicial authority perform the powers in the limits set by this Constitution and according to the laws of Ukraine, provision of part two of article 8 of the Constitution of Ukraine according to which the Constitution of Ukraine has the highest legal force, the laws and other regulatory legal acts are adopted based on the Constitution of Ukraine and shall correspond to it.

2. The chairman of the Verkhovna Rada of Ukraine in written explanation in the Constitutional Court of Ukraine specifies that provisions of article 125 of the Constitution of Ukraine settled system of courts of law in Ukraine, having determined the Supreme Court of Ukraine the highest judicial authority in this system, and the supreme judicial authorities specialized sudovsootvetstvuyushchy supreme courts which are the highest zvenomkassatsionny instance; according to the law local and Appeal Courts are effective. In the Constitution of Ukraine there are no provisions concerning creation in this system of courts of Court of cassation of Ukraine. Cassation instance under the Constitution of Ukraine is the Supreme Court of Ukraine and the supreme specialized courts which by the Law are granted the right to organize the internal activities and to enhance it. Therefore, the Chairman of the Verkhovna Rada of Ukraine provided in the constitutional representation the argumentation considers gives the grounds to recognize Law provisions concerning Court of cassation of Ukraine not meeting the requirements of article 125 of the Constitution of Ukraine.

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