DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of November 2, 2004 No. 15-rp/2004

On the case of the constitutional representation of the Supreme Court of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of article 69 of the Criminal code of Ukraine (case on appointment of milder pinishment as court)

Case No. 1-33/2004

NAME OF UKRAINE

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

Voznyuk Vladimir Denisovich - the chairman,

Evgrafov Pavel Borisovich,

Ivashchenko Vladimir Ivanovich,

Kostitsky Mikhail Vasilyevich,

Malinnikova Lyudmila Fiodorovna,

Mironenko Alexander Nikolaevich,

Nemchenko Vasily Ivanovich,

Wheaten Valeria Grigoryevna,

Savenko Nikolay Dmitriyevich,

Victor Egorovich's buffoons - the judge-speaker,

Stanik Syuzanna Romanovna,

Silent Vladimir Pavlovich,

Tkachuk Pavel Nikolaevich,

Chubar Lyudmila Panteleevna,

with the assistance of the representative of the person of law on the constitutional representation Pilipchuk Pyotr Filippovich - the First Deputy Chairman of the Supreme Court of Ukraine; representatives of the Verkhovna Rada of Ukraine: Yury Anatolyevich's crimson - the People's Deputy of Ukraine, the chairman of subcommittee concerning lawmaking, systematization of the legislation of Ukraine and its approval of international law of Committee of the Verkhovna Rada of Ukraine concerning legal policy, Selivanov Anatoly Aleksandrovich - the Permanent representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine, and also recruited in consideration of the case: Nosov Vladislav Vasilyevich - the Permanent representative of the President of Ukraine in the Constitutional Court of Ukraine; the representative of the Prosecutor General's Office of Ukraine Lobacha Victor Petrovich - the deputy head of department of support of crown case in courts; representatives of the Ministry of Internal Affairs of Ukraine: Zubchuka of Victor Andreevichazamestitel of the Minister of Internal Affairs of Ukraine, Zakharov Victor Ivanovich - the chief of the Main Investigation Department, Rostov Igor Aleksandrovich - the deputy head of department of the Main Investigation Department; the representative of the Ministry of Justice of Ukraine Yemelyanova Inna Ivanovna - the deputy minister of justice of Ukraine,

considered at plenary meeting case concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of article 69 of the Criminal code of Ukraine (Sheets of the Verkhovna Rada of Ukraine, 2001, Art. No. 25-26, 131).

Reason for consideration of the case according to Articles 39, 40 Laws of Ukraine "About the Constitutional Court of Ukraine" became the constitutional representation of the Supreme Court of Ukraine.

The basis for consideration of the case according to Articles 71, 83 Laws of Ukraine "About the Constitutional Court of Ukraine" are availability of dispute on constitutionality of provisions of article 69 of the Criminal code of Ukraine.

Having heard the judge-speaker Skomorokhu of V. E., Pilipchuk P. P. explanation, Yu.A Crimson., Selivanova A. O., Nosova V. V., V.P.'s Lobacha, Rostov of I.O., Yemelyanova I. I. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation - the Supreme Court of Ukraine - appealed to the Constitutional Court of Ukraine with the petition to resolve issue of constitutionality of provisions of article 69 of the Criminal code of Ukraine (further - the Code) in that part which makes impossible appointment to persons who committed crimes of small weight, milder pinishment, than it is provided by the law.

In particular, part one of article 69 of the Code contains provision according to which in the presence of several circumstances which commute penalty and significantly reduce severity of the committed crime, taking into account the identity of the guilty person court, having motivated the decision, can for especially serious, serious crime or crime of average weight to impose primary punishment, below the lowest border established in the sanction of Article of the Special part of this Code or to pass to other, softer type of the primary punishment which is not specified in the sanction of Article for this crime.

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