DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of November 27, 2008 No. 26-rp/2008

On case on the constitutional representation of the Cabinet of Ministers of Ukraine on official interpretation of provision of part two of article 95 of the Constitution of Ukraine and the phrase "balance of the budget" used in part three of this Article (case on balance of the budget)

Case No. 1-37/2008

NAME OF UKRAINE

Constitutional court of Ukraine consisting of judges:

Brintsev Vasily Dmitriyevich - the chairman,

Baulin Yury Vasilyevich,

Vdovichenko Sergey Leonidovich,

Golovin Anatoly Sergeyevich - the speaker,

Dzhunya Vyacheslav Vasilyevich,

Didkovsky Anatoly Aleksandrovich,

Dombrovsky Ivan Petrovich,

Kamp Vladimir Mikhaylovich,

Mikhail Ivanovich's ear,

Markush Maria Andreevna,

Machuzhak Yaroslava Vasilyevna,

Nikitin Yury Ivanovich,

Stetsyuk Pyotr Bogdanovich,

Tkachuk Pavel Nikolaevich,

Shishkin Victor Ivanovich,

considered at plenary meeting case on the constitutional representation of the Cabinet of Ministers of Ukraine on official interpretation of provision of part two of article 95 of the Constitution of Ukraine and the phrase "balance of the budget" used in part three of this Article.

The constitutional representation of the Cabinet of Ministers of Ukraine became reason for consideration of the case according to articles 39, of 41 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 provision of part two of article 95 of the Constitution of Ukraine and the phrase "balance of the budget" used in part three of this Article.

Having heard the judge-speaker Golovin A. S. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation - the Cabinet of Ministers of Ukraine - appealed to the Constitutional Court of Ukraine with the petition to give official interpretation of provision of part two of article 95 of the Constitution of Ukraine and the phrase "balance of the budget" used in part three of this Article. Besides, the author of the petition asks to interpret this phrase in system communication with Article part two 95, article 46 of the Constitution of Ukraine and to find out whether it is possible the specified provisions "understand so that only the law on the Government budget of Ukraine establishes any expenses on public requirements, including conditions of provision of separate types of privileges, compensations and guarantees for citizens for budget period, their sizes and budget settings concerning them, in particular, by suspension of action and cancellation of regulations of other laws".

The Cabinet of Ministers of Ukraine proves practical need for official interpretation of the specified provisions of the Constitution of Ukraine by the need for their realization during forming, approval and accomplishment of the Government budget of Ukraine for the corresponding year regarding providing with the state the social rights and guarantees of citizens. For this purpose it is necessary to make, on his belief, the law on the Government budget of Ukraine changes to the existing social laws that causes objections in other public authorities, unequal treatment them parts two, third article 95 of the Constitution of Ukraine.

2. The conclusions on the questions which are brought up in the constitutional representation sent the President of Ukraine, the Verkhovna Rada of Ukraine, the Ministry of Economics of Ukraine, the Ministry of Finance of Ukraine, the Ministry of Justice of Ukraine, Audit Chamber, National legal academy of Ukraine of Yaroslav the Wise, National university of the State Tax Service of Ukraine, the Kiev national economic university of Vadim Getman, the Ternopil national economic university, Institute of economical and legal researches NAS of Ukraine.

3. Resolving issue of official interpretation of the phrase "balance of the budget" used in part three of article 95 of the Constitution of Ukraine in system communication with Article part two provisions 95, of article 46 of the Constitution of Ukraine, the Constitutional Court of Ukraine proceeds from the following.

3.1. Ukraine is proclaimed the democratic, social, constitutional state in which the principle of supremacy of law is recognized and is effective (Articles 1, 8 Constitutions of Ukraine). The person in it is the highest social value, its rights and freedoms and their guarantees determine content and orientation of activities of the state which answers to the person for the activities, and approval and providing human rights and freedoms is its main debt (article 3 of the Constitution of Ukraine). The budget system of Ukraine is under construction on bases of equitable and impartial distribution of public wealth between citizens and territorial communities (part one of article 95 of the Constitution of Ukraine).

3.2. In part three of article 95 of the Constitution of Ukraine the phrase "balance of the budget" is used in context "the state aims at balance of the budget of Ukraine". The constitutional court of Ukraine considers necessary to give official interpretation of all provision of part three of article 95 of the Constitution of Ukraine in system communication with provisions of part two of this Article, article 46 of the Constitution of Ukraine.

The phrase "the state aims", according to the Constitutional Court of Ukraine, means attempt and debt of the state to direct the activities to accomplishment by certain, certain Constitution of Ukraine of task.

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