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Name of Ukraine

SOLUTION OF THE CONSTITUTIONAL COURT OF UKRAINE

of July 8, 2016 No. 5-rp/2016

On case on the constitutional representation of the Supreme Court of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of separate provision of Item 11 of Final provisions of the Law of Ukraine "About the Government budget of Ukraine for 2016"

Case No. 1-27/2016

Constitutional court of Ukraine as a part of judges:

Baulin Yury Vasilyevich - the chairman,

Vdovichenko Sergey Leonidovich,

Gultaya Mikhail Miroslavovich,

Zaporozhets Mikhail Petrovich,

Kasminin Alexander Vladimirovich,

Kolesnik Victor Pavlovich,

Krivenko Victor Vasilyevich,

Litvinov Alexander Nikolaevich,

Melnik Nikolay Ivanovich,

Moysyk Vladimir Romanovich,

Sasa of Sergey Vladimirovich,

Sergeychuk Oleg Anatolyevich,

Slidenko Igor Dmitriyevich,

Tupitsky Alexander Nikolaevich,

Shaptala Natalya Konstantinovna - the speaker,

Shevchuk Stanislav Vladimirovich,

No. 928-VIII considered at plenary meeting case on the constitutional representation of the Supreme Court of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of separate provision of Item 11 of Final provisions of the Law of Ukraine "About the Government budget of Ukraine for 2016" of December 25, 2015 (Sheets of the Verkhovna Rada of Ukraine, 2016, No. 5, the Art. 54).

The constitutional representation of the Supreme Court 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 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 separate provision of Item 11 of Final provisions of the Law of Ukraine "About the Government budget of Ukraine for 2016" of December 25, 2015 No. 928-VIII.

Having heard the judge-speaker Shaptala N. K. and having researched case papers, including the line items stated by the President of Ukraine, the Prime Minister of Ukraine, the Supreme administrative court of Ukraine, the Supreme Economic Court of Ukraine, the Supreme specialized court of Ukraine on consideration of civil and criminal cases, Public judicial administration of Ukraine, Judicial council of Ukraine, scientists of the Donetsk national university, Kiev national university of Taras Shevchenko, national legal university of Yaroslav the Wise, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation - the Supreme Court of Ukraine appealed to the Constitutional Court of Ukraine with the petition to recognize not to the relevant articles 1, of 3, of 6, Article parts one 8, of part one of article 129 of the Constitution of Ukraine (unconstitutional) of provision of Item 11 of Final provisions of the Law of Ukraine "About the Government budget of Ukraine for 2016" of December 25, 2015 No. 928-VIII (further - the Law No. 928) in that part which provides that regulations and provisions of the Law of Ukraine "About judicial system and the status of judges" (Sheets of the Verkhovna Rada of Ukraine, 2010, 529) are applied by Art. No. 41-45, according to the procedure and the sizes established by the Cabinet of Ministers of Ukraine proceeding from the available financial resources state and local budgets and the budget of Social Insurance Fund of Ukraine.

The Supreme Court of Ukraine proves the petition by the fact that provision of the Cabinet of Ministers of Ukraine of powers to apply regulations and provisions of the Law of Ukraine "About judicial system and the status of judges" of July 7, 2010 No. 2453-VI with changes (further - the Law No. 2453) about procedure and the amount of financing of judicial authority proceeding from the available financial resources state and local budgets and the budget of Social Insurance Fund of Ukraine breaks the principles of separation of the government in Ukraine on legislative, executive and judicial that there does not correspond legal definiteness as element of the principle of supremacy of law and to guarantees of independence of judges, and also creates threat for functioning of judicial system in general.

2. Constitutional court of Ukraine, researching question of compliance of the Constitution of Ukraine of separate provision of Item 11 of Final provisions of the Law No. 928, proceeds from the following.

2.1. Ukraine according to Articles 1, 6 Fundamental Laws of Ukraine is the democratic, constitutional state in which the government is performed on the basis of functional separation and balance between legislative, executive and judicial branches of the power thanks to system of controls and counterbalances for the goal achievement and tasks provided by the Constitution of Ukraine.

The purpose of functional separation of the government on legislative, executive and judicial is, in particular, differentiation of powers between various public authorities that means independent accomplishment by each of them of the functions and implementation of powers according to the Constitution and the laws of Ukraine.

According to part two of article 19 of the Constitution of Ukraine public authorities and local government bodies, their officials shall act only on the basis, within powers and method which are provided by the Constitution and the laws of Ukraine.

2.2. By the fundamental law of Ukraine it is determined that judicial system, legal proceedings and the status of judges are determined only by the laws of Ukraine (Item 14 parts one of Article 92). The similar requirement is fixed and in article 4 of the Law No. 2453, by which judicial system and the status of judges in Ukraine are determined by the Constitution of Ukraine, this law and other laws of Ukraine.

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