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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of April 28, 2009 No. 8-rp/2009

On case on the constitutional representation of the President of Ukraine of rather official interpretation of provision of part eight of article 83 of the Constitution of Ukraine in system communication with provisions of parts six, the seventh Article 83, Item 9 parts one of Article 106, parts three, fourth article 114 of the Constitution of Ukraine

Case No. 1-20/2009

NAME OF UKRAINE

Constitutional court of Ukraine consisting of judges:

Strizhak Andrey Andreevich - the chairman,

Baulin Yury Vasilyevich,

Vdovichenko Sergey Leonidovich,

Golovin Anatoly Sergeyevich,

Dzhunya Vyacheslav Vasilyevich,

Didkovsky Anatoly Aleksandrovich,

Dombrovsky Ivan Petrovich,

Kamp Vladimir Mikhaylovich,

Mikhail Ivanovich's ear,

Lilak Dmitry Dmitriyevich,

Markush Maria Andreevna,

Machuzhak Yaroslava Vasilyevna,

Nikitin Yury Ivanovich - the speaker,

Ovcharenko Vyacheslav Andreevich,

Stetsyuk Pyotr Bogdanovich,

Shishkin Victor Ivanovich,

with the assistance of the representative of the person of law on the constitutional representation Stavniychuk Marina Ivanovna - the Representative of the President of Ukraine in the Constitutional Court of Ukraine, the Permanent representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine Selivanov Anatoly Aleksandrovich, the Permanent representative of the Cabinet of Ministers of Ukraine in the Constitutional Court of Ukraine Nemchenko Vasily Ivanovich

considered at plenary meeting case on the constitutional representation of the President of Ukraine of rather official interpretation of provision of part eight of article 83 of the Constitution of Ukraine in system communication with provisions of parts six, the seventh Article 83, of Item 9 parts one of Article 106, of parts three, the fourth article 114 of the Constitution of Ukraine.

The constitutional representation of the President 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 article 93 of the Law of Ukraine "About the Constitutional Court of Ukraine" is practical need for official interpretation of provision of part eight of article 83 of the Constitution of Ukraine.

Having heard the judge-speaker Nikitin Yu. I., explanations Stavniychuk M. I., Selivanova A. O., Nimchenko V. I. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation is the President of Ukraine - appealed to the Constitutional Court of Ukraine with the petition to give official interpretation of provision of part eight of article 83 of the Constitution of Ukraine in system communication with provisions of parts six, the seventh Article 83, of Item 9 parts one of Article 106, of parts three, the fourth article 114 of the Constitution of Ukraine.

The head of state proves practical need for explanation of regulation of part eight of article 83 of the Constitution of Ukraine by ambiguous understanding of this regulation subjects of realization of appropriate authority that is the basis for its official interpretation by the Constitutional Court of Ukraine.

2. The line items concerning subject of the constitutional representation were stated by the Chairman of the Verkhovna Rada of Ukraine, the Prime Minister of Ukraine, scientists of the Kiev national university of Taras Shevchenko, the Lviv national university of Iván Franco, the Odessa national legal academy.

3. Resolving the question which is brought up in the constitutional representation, the Constitutional Court of Ukraine proceeds from the following.

3.1. Ukraine is the republic; the carrier of sovereignty and the single source of the power in Ukraine are the people which perform the power directly and through public authorities (parts one, the second article 5 of the Constitution of Ukraine). The determining value for functioning of the democratic state, its republican bases has the procedure for forming of public authorities established by the Fundamental Law of Ukraine, in particular frequency of their election and appointment.

The constitution of Ukraine after entering of changes into it the Law of Ukraine of December 8, 2004 N 2222-IV fixed new procedure for appointment of the Prime Minister of Ukraine and forming of structure of the Cabinet of Ministers of Ukraine on which the Prime Minister of Ukraine is appointed by the Verkhovna Rada of Ukraine on representation of the President of Ukraine; the nomination for position assignment of the Prime Minister of Ukraine is made by the President of Ukraine according to the proposal of the coalition of deputy fractions in the Verkhovna Rada of Ukraine created according to article 83 of the Constitution of Ukraine, or deputy fraction which part most of People's Deputies of Ukraine from the constitutional structure of the Verkhovna Rada of Ukraine is; The Minister of Defence of Ukraine, the Minister of Foreign Affairs of Ukraine are appointed by the Verkhovna Rada of Ukraine on representation of the President of Ukraine, other cabinet ministers of Ukraine are appointed by the Verkhovna Rada of Ukraine on representation of the Prime Minister of Ukraine (parts two, the third, fourth Articles 114).

According to Item 9 parts one of article 106 of the Constitution of Ukraine the President of Ukraine brings according to the proposal of the coalition of deputy fractions in the Verkhovna Rada of Ukraine idea of appointment of the Prime Minister of Ukraine as the Verkhovna Rada of Ukraine in time not later, than for the fifteenth day after receipt of such offer.

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