Document from CIS Legislation database © 2003-2023 SojuzPravoInform LLC

DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of December 17, 2009 No. 33-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 Item 1 of the Section II "Final provisions" of the Law of Ukraine "About approval of change to article 22 of the Constitution of the Autonomous Republic of Crimea concerning term of office of the Verkhovna Rada of the Autonomous Republic of Crimea"

Case No. 1-43/2009

NAME OF UKRAINE

Constitutional court of Ukraine consisting of judges:

Strizhak Andrey Andreevich - the chairman,

Baulin Yury Vasilyevich,

Brintsev Vasily Dmitriyevich,

Vdovichenko Sergey Leonidovich - the speaker,

Golovin Anatoly Sergeyevich,

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,

Ovcharenko Vyacheslav Andreevich,

Stetsyuk Pyotr Bogdanovich,

Tkachuk Pavel Nikolaevich,

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 Item 1 of the Section II "Final provisions" of the Law of Ukraine "About approval of change to article 22 of the Constitution of the Autonomous Republic of Crimea concerning term of office of the Verkhovna Rada of the Autonomous Republic of Crimea" of March 19, 2009 N 1167-VI (1167-17) (Voice of Ukraine, 2009, on April 9).

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 71 of the Law of Ukraine "About the Constitutional Court of Ukraine" is statement of the person of law on the constitutional representation concerning illegality of the specified Item of the Law of Ukraine "About approval of change to article 22 of the Constitution of the Autonomous Republic of Crimea concerning term of office of the Verkhovna Rada of the Autonomous Republic of Crimea".

Having heard the judge-speaker Vdovichenko S. L. 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 does not answer the Constitution of Ukraine (is unconstitutional), Item 1 of the Section II "Final provisions" of the Law of Ukraine "About approval of change to article 22 of the Constitution of the Autonomous Republic of Crimea concerning term of office of the Verkhovna Rada of the Autonomous Republic of Crimea" of March 19, 2009 N 1167-VI (further - the Law).

In Item 1 of the Section II "Final provisions" of the Law it is determined that "The law becomes effective from day of its publication and becomes effective from day of appointment according to the Constitution and the laws of Ukraine of the following regular elections in the Verkhovna Rada of the Autonomous Republic of Crimea which will be carried out in 2010. Operation of this Law does not extend to deputies of the Verkhovna Rada of the Autonomous Republic of Crimea of the fifth convocation".

The author of the petition considers that the Verkhovna Rada of Ukraine in case of approval by the law of Ukraine of the changes to the Constitution of the Autonomous Republic of Crimea accepted by the Verkhovna Rada of the Autonomous Republic of Crimea created "additional regulation" and in such a way overstepped the bounds of the powers, than broke part the second articles 6, of article 19, of 58, Item 37 parts one of Article 85, Item of 1 part one of article 138 of the Constitution of Ukraine.

2. The line items concerns subject of the constitutional representation stated the Chairman of the Verkhovna Rada of Ukraine, Representation of the President of Ukraine in the Autonomous Republic of Crimea, scientists of National legal academy of Ukraine of Yaroslav the Wise.

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

3.1. Ukraine is the independent, democratic, constitutional, unitary state which sovereignty extends to all its territory (Article 1, of part one, the second Article 2 of the Fundamental Law of Ukraine).

As the integral component of Ukraine the Autonomous Republic of Crimea within the powers determined by the Constitution of Ukraine resolves the issues carried to its maintaining. The Verkhovna Rada of the Autonomous Republic of Crimea accepts the Constitution of the Autonomous Republic of Crimea, makes to it changes which are approved by the Verkhovna Rada of Ukraine; calling of an election of deputies of the Verkhovna Rada of the Autonomous Republic of Crimea belongs to maintaining the Autonomous Republic of Crimea (Item 37 parts one of Article 85, Article 134, Article part one 135, Item of 1 part one of article 138 of the Constitution of Ukraine).

3.2. According to part five of article 94 of the Constitution of Ukraine the law becomes effective in ten days from day of its official bringing to publicity if another is not provided by the law, but not earlier than day of its publication.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.