DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of November 30, 2010 No. 22-rp/2010

On case on the constitutional representation of 54 People's Deputies of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of Articles 14, 24, 64, Items 7-13 of the Section VII "Final provisions" of the Law of Ukraine "About the Government budget of Ukraine for 2010"

NAME OF UKRAINE

Constitutional court of Ukraine consisting of judges:

Golovin Anatoly Sergeyevich - the chairman,

speaker,

Baulin Yury Vasilyevich,

Brintsev Vasily Dmitriyevich,

Vdovichenko Sergey Leonidovich,

Vinokurov Sergey Markiyanovich,

Gultaya Mikhail Miroslavovich,

Zaporozhets Mikhail Petrovich,

Kamp Vladimir Mikhaylovich,

Mikhail Ivanovich's ear,

Markush Maria Andreevna,

Sergeychuk Oleg Anatolyevich,

Stetsyuk Pyotr Bogdanovich,

Strizhak Andrey Andreevich,

Tkachuk Pavel Nikolaevich,

Shaptali Natalya Konstantinovna,

Shishkin Victor Ivanovich,

considered at plenary meeting case on the constitutional representation of 54 People's Deputies of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of Articles 14, of 24, of 64, of Items 7-13 of the Section VII "Final provisions" of the Law of Ukraine "About the Government budget of Ukraine for 2010" of April 27, 2010 N 2154-VI (Sheets of the Verkhovna Rada of Ukraine, 2010, NN 22-25, of the Art. 263) (further - the Law).

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 54 People's Deputies 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 the specified Law provisions.

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 - 54 People's Deputies 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), Law provisions, namely:

- Articles 14, by which it is determined that "during the implementing of state loan and provision of the state guarantees the Minister of Finance of Ukraine at the request of the Cabinet of Ministers of Ukraine has the right to undertake obligations on behalf of Ukraine" connected with implementation of such loan and provision of the state guarantees, including concerning refusal of sovereign immunity in the possible legal cases connected with return of the credits (loans) and release of payments according to agreements from any commissions, taxes and fees (obligatory payments), during time of action of the obligation about return of the borrowed means";

- Article 24, which provides that "on partial change of part two of article 21 of the Law of Ukraine "About privatization of state-owned property" (Sheets of the Verkhovna Rada of Ukraine, 1997, N 17, Art. 122; 2002, N 12-13, Art. 92; 2003, N 10-11, Art. 86; 2005, N 7-8, Art. 162, NN 17-19, of Art. 267; 2006, N 4, Art. 59, NN 9-11, of Art. 96; 2007, N 7-8, Art. 66; 2008, NN 5-8, of Art. 78; 2009, 269) to allow NN 20-22, of the Art. in the course of privatization of state-owned property payment of its cost in freely converted foreign currency";

- Articles 64, by which it is determined that "by provision of privileges belong to members of the family of the exempt: the wife (husband), their minor children (up to 18 years); unmarried full age children who are recognized as disabled people since the childhood of I and II groups or disabled people of the I group; person who lives together with the disabled veteran of the I group and looks after him provided that the disabled veteran is not in scrap; disabled parents; person who is under guardianship or on care of the citizen who has the right to privileges and lives together with it";

- Items 7-13 of the Section VII "Final provisions" which provide:

"7. For the purpose of reduction of budget deficit in 2010 to grant the right to the Cabinet of Ministers of Ukraine in coordination with Committee of the Verkhovna Rada of Ukraine concerning the budget to make the decision concerning review of some amount of the payments determined by the legislation and for other legal acts which provide additional expenses from state and local budgets.

8. Determine that in 2010 separate provisions of the Law of Ukraine "About modification of some legal acts of Ukraine" (Sheets of the Verkhovna Rada of Ukraine, 2008, N 27-28, Art. 253; 2009, N 16, 223, N 26, Art. 328) are applied by the Art. taking into account such changes:

in the Section II "Final provisions":

stop for 2010 action of paragraphs twenty to pervogodvadtsat the third item 4;

in Item of the 6th figure "2,27" to change in figures of "3,19".

9. Determine that in 2010 separate provisions of the Land code of Ukraine (Sheets of the Verkhovna Rada of Ukraine, 2002, N 3-4, St.

27) are applied taking into account such changes:

to state the text of Article 209 in such edition:

"1. Means from compensation of losses of agricultural and forestry and landscape production are enlisted in the amount of: 100 процентовв budgets of the cities of Kiev and Sevastopol; 25 percent - in the budget of the Autonomous Republic of Crimea and regional budgets, 75 percent - in budgets of the cities republican the Autonomous Republic of Crimea and regional value, 15 percent - in district budgets, 60 percent - in budgets of bridges of district value, settlements, villages and their associations.

2. Means which arrive according to the procedure of compensation of losses of agricultural and forestry and landscape production are used only on land development for agricultural and forestry and landscape requirements, improvements of the corresponding grounds, protection of lands according to developed programs and projects of land management, carrying out normative money value of the earth, differentiation of lands of the state-owned and utility property. Use of these funds for other purposes is not allowed".

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