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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of February 3, 2009 No. 4-rp/2009

On case on the constitutional representation of the Verkhovna Rada of the Autonomous Republic of Crimea concerning compliance of the Constitution of Ukraine (constitutionality) of Items 1, 4, 8, 10, the subitem "b" of the subitem 2 Items 13, Items 14, the 17th Section I of the Law of Ukraine "About modification of some legal acts of Ukraine concerning implementation of the state architectural construction supervision and assistance of investing activities in construction"

Case No. 1-7/2009

NAME OF UKRAINE

Constitutional court of Ukraine consisting of judges:

Strizhak Andrey Andreevich - the chairman,

Baulin Yury Vasilyevich,

Brintsev Vasily Dmitriyevich,

Vdovichenko Sergey Leonidovich,

Dzhunya Vyacheslav Vasilyevich,

Didkovsky Anatoly Aleksandrovich,

Dombrovsky Ivan Petrovich,

Kamp Vladimir Mikhaylovich,

Mikhail Ivanovich's ear,

Lilak Dmitry Dmitriyevich,

Markush Maria Andreevna,

Nikitin Yury Ivanovich,

Ovcharenko Vyacheslav Andreevich,

Tkachuk Pavel Nikolaevich - the speaker,

Shishkin Victor Ivanovich,

considered at plenary meeting case on the constitutional representation of the Verkhovna Rada of the Autonomous Republic of Crimea concerning compliance of the Constitution of Ukraine (constitutionality) of Items 1, of 4, of 8, of 10, of the subitem "b" of the subitem 2 Items 13, of Items 14, of the 17th Section I of the Law of Ukraine "About modification of some legal acts of Ukraine concerning implementation of the state architectural construction supervision and assistance of investing activities in construction" of May 16, 2007 N 1026-V (In? домост? Verkhovno ї For the sake of Ukra§ni, 2007, N 34, the Art. 444).

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 Verkhovna Rada of the Autonomous Republic of Crimea.

The basis for consideration of the case according to article 75 of the Law of Ukraine "About the Constitutional Court of Ukraine" is availability of dispute on powers of authorities of the Autonomous Republic of Crimea on implementation of the state architectural construction supervision.

Having heard the judge-speaker Tkachuk P. M. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation - the Verkhovna Rada of the Autonomous Republic of Crimea - appealed to the Constitutional Court of Ukraine with the petition to recognize such which do not answer the Constitution of Ukraine (are unconstitutional), Items 1, of 4, of 8, of 10, the subitem "b" of the subitem 2 Items 13, Items 14, of the 17th Section I of the Law of Ukraine "About modification of some legal acts of Ukraine concerning implementation of the state architectural construction supervision and assistance of investing activities in construction" of May 16, 2007 N 1026-V (further - the Law).

In the constitutional representation it is specified that the Law limits powers of the Autonomous Republic of Crimea regarding implementation of the state architectural construction supervision which is transferred from inspection of the state architectural construction supervision in the Autonomous Republic of Crimea to territorial authority of the State architectural and construction inspection of Ukraine.

The author of the petition considers that Items 1, of 4, of 8, of 10, the subitem "b" of the subitem 2 Items 13, Items 14, of the 17th Section I of the Law regarding provision of powers on implementation of the state architectural construction supervision in the Autonomous Republic of Crimea to the territorial authorities formed as a part of the State architectural and construction inspection of Ukraine do not meet the requirements of part two of Article 19, of Articles 132, of 134, of Article part four 136, of item 4 of part one of article 137 of the Constitution of Ukraine.

2. The questions which are rather brought up in the constitutional representation the line items were stated by the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, scientists of the Kiev national university of Taras Shevchenko, National legal academy of Ukraine of Yaroslav the Wise, the Odessa national legal academy.

3. Considering question concerning constitutionality of the challenged Law provisions, the Constitutional Court of Ukraine considers necessary to conduct their research in the context of regulations of the laws of Ukraine to which changes are made.

4. According to part two of article 10 of the Law of Ukraine "About architectural activities" (in edition of May 20, 1999) the state architectural construction supervision was exercised by the State architectural and construction inspection of Ukraine, inspection of the state architectural construction supervision in the Autonomous Republic of Crimea, areas, areas, the cities of Kiev and Sevastopol, the cities of regional subordination.

Inspection of the state architectural construction supervision in the Autonomous Republic of Crimea was part of the Ministry of construction policy and architecture of the Autonomous Republic of Crimea and submitted to it. Inspections of the state architectural construction supervision in areas, the cities of Kiev and Sevastopol, areas and the cities of regional subordination were part of relevant organs of local public administrations, executive committees of city councils.

On accomplishment of the Presidential decree of Ukraine "About the decision of the National Security and Defense Council of Ukraine of June 29, 2005 "About condition of observance of requirements of the legislation and measures for increase in efficiency of state policy in the field of regulation of land relations, use and protection of lands" of November 21, 2005 N 1643 Cabinet of Ministers of Ukraine issued on April 5, 2006 the Resolution N 428, which it formed the State architectural and construction inspection and recognized it as governmental body of public administration which is effective as a part of the Ministry of Construction, Architecture and Housing of Ukraine and submits to it. The resolution of the Cabinet of Ministers Ukraine of September 26, 2007 N 1182 makes changes to the corresponding regulatory legal acts of the Government of Ukraine and the system of bodies of the state architectural construction supervision which is constituted by the State architectural and construction inspection of Ukraine, its territorial authorities in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol is determined.

4.1. Due to the enhancement of implementation of the state architectural construction supervision the Verkhovna Rada of Ukraine the Law made on May 16, 2007 changes to some legal acts of Ukraine, namely:

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