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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of May 12, 2009 No. 10-rp/2009

On case on the constitutional representation of the President of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of part one of article 17 of the Law of Ukraine "About election of the president of Ukraine" and Resolutions of the Verkhovna Rada of Ukraine "About purpose of regular elections of the President of Ukraine"

Case No. 1-25/2009

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 - the speaker,

Kamp Vladimir Mikhaylovich,

Mikhail Ivanovich's ear,

Lilak Dmitry Dmitriyevich,

Markush Maria Andreevna,

Machuzhak Yaroslava Vasilyevna,

Nikitin Yury Ivanovich,

Stetsyuk Pyotr Bogdanovich,

Tkachuk Pavel Nikolaevich,

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, Selivanov Anatoly Aleksandrovich - the Permanent representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine,

considered at plenary meeting case on the constitutional representation of the President of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of part one of article 17 of the Law of Ukraine "About election of the president of Ukraine" of March 5, 1999 N 474-XIV in edition of the Law of Ukraine of March 18, 2004 N 1630-IV (In? домост? Verkhovno є For the sake of Ukra¾ni, 2004, N 20-21, Art. 291) and Resolutions of the Verkhovna Rada of Ukraine "About purpose of regular elections of the President of Ukraine" of April 1, 2009 N 1214-VI (Of? c? yniya in? Ukra§ni, 2009, N 26, of the Art. 861) drooped.

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 President of Ukraine.

The basis for consideration of the case according to article 71 of the Law of Ukraine "About the Constitutional Court of Ukraine" is statement of the person of law on the constitutional idea of illegality of part one of article 17 of the Law of Ukraine "About election of the president of Ukraine" and Resolutions of the Verkhovna Rada of Ukraine "About purpose of regular elections of the President of Ukraine".

Having heard Dombrovsky I.P.'s judge-speaker, explanations Stavniychuk M. I., Selivanova A. O. 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 recognize such which do not answer the Constitution of Ukraine (are unconstitutional), part one of article 17 of the Law of Ukraine "About election of the president of Ukraine" (further - the Law) and the Resolution of the Verkhovna Rada of Ukraine "About purpose of regular elections of the President of Ukraine" (further the Resolution).

In the constitutional representation it is specified that the Verkhovna Rada of Ukraine according to Item 7 parts one of article 85 of the Constitution of Ukraine shall appoint regular elections of the President of Ukraine only in the terms provided by the Fundamental Law of Ukraine, namely Article 103 part five - to the last revival of the last month of the fifth year of powers of the President of Ukraine. Instead, accepting the Resolution, the Verkhovna Rada of Ukraine was guided by Law provisions, in particular Article part one 17, according to which regular elections of the President of Ukraine happen in the last revival of October of the fifth year of powers of the President of Ukraine. The person of law on the constitutional representation notes that the specified provision of the law reproduces provision of part five of article 103 of the Constitution of Ukraine in edition of June 28, 1996. However the Law of Ukraine of December 8, 2004 N 2222-IV "About introduction of amendments to the Constitution of Ukraine" (further - the Law N 2222) the part five of article 103 of the Constitution of Ukraine is reworded as follows which is acting for today.

Therefore, the President of Ukraine considers that the provision of part one of article 17 of the Law does not answer part five of article 103 of the Constitution of Ukraine and therefore also the Resolution does not answer the Fundamental Law of Ukraine. According to the author of the petition, accepting the Resolution, the Verkhovna Rada of Ukraine was effective contrary to Article part two 6, of part two to Article 8, of Article part two 19, to Item 7 parts one of Article 85, of part five of article 103 of the Constitution of Ukraine.

2. At plenary meeting of the Constitutional Court of Ukraine representatives of the President of Ukraine and the Verkhovna Rada of Ukraine gave reasons for the line items of rather constitutional representation.

3. Constitutional court of Ukraine, resolving the questions which are brought up in the constitutional representation proceeds from the following.

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