of July 13, 2017 No. 2136-VIII
About the Constitutional Court of Ukraine
This Law is determined by procedure for the organization and activities of the Constitutional Court of Ukraine, the status of judges of the Constitutional Court of Ukraine, the basis and procedure for the address to him, the procedure of consideration by it of cases and accomplishment of its decisions.
1. The constitutional court of Ukraine (further - the Constitutional Court or Court) is body of the constitutional jurisdiction which provides rule of the Constitution of Ukraine, resolves issue of compliance of the Constitution of Ukraine of the laws of Ukraine and in the cases of other acts provided by the Constitution of Ukraine, performs official interpretation of the Constitution of Ukraine, and also other powers according to the Constitution of Ukraine.
1. The constitutional court performs the activities on the principles of supremacy of law, independence, collective nature, publicity, openness, complete and comprehensive hearing of cases, justification and obligation of the decisions and the conclusions made by it.
1. The court is effective according to the powers determined by the Constitution of Ukraine.
The procedure for the organization and activities of Court, procedure for the constitutional production, the procedure of hearing of cases and execution of decisions and the conclusions are established by this Law.
2. By it establishes the organization of internal work of Court and the corresponding rules of procedure of consideration of cases according to this Law Regulations of the Constitutional Court of Ukraine (further - Regulations).
3. The court adopts other acts regulating the organization of its work according to this Law and the Regulations.
1. The constitutional court is in the city of Kiev.
1. The integral attributes of the Courtroom are the State Emblem of Ukraine and National Flag of Ukraine.
1. Hearing of cases at the plenary sessions of Big chamber of the Constitutional Court (further - Big chamber), the Senate of the Constitutional Court (further - the Senate) is performed openly, the part of these meetings except for closed when the decision is made, the conclusion is provided, determination of Court is taken out.
The closed plenary meeting is allowed if consideration of the case at open plenary meeting can lead to disclosure of the state secret and (or) other information protected by the law.
2. Persons who showed willingness to be present at open part of plenary session of Big chamber, the Senate are allowed in court house and to the Courtroom according to the procedure, established by Regulations.
3. The representatives of media accredited in Court can perform video and photofixing, to conduct audio recording of open part of plenary session of Big chamber, Senate according to the procedure, established by Regulations.
1. Treats powers of Court:
1) solution of questions of compliance of the Constitution of Ukraine (constitutionality) of the laws of Ukraine and other legal acts of the Verkhovna Rada of Ukraine, acts of the President of Ukraine, acts of the Cabinet of Ministers of Ukraine, legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea;
2) official interpretation of the Constitution of Ukraine;
3) provision according to the address of the President of Ukraine or at least forty five People's Deputies of Ukraine or the Cabinet of Ministers of Ukraine of the conclusions about compliance of the Constitution of Ukraine of the existing international treaties of Ukraine or those international treaties which are introduced in the Verkhovna Rada of Ukraine for provision of consent to their obligation;
4) provision according to the address of the President of Ukraine or at least forty five People's Deputies of Ukraine of the conclusions about compliance of the Constitution of Ukraine (constitutionality) of the questions offered for removal at All-Ukrainian referendum on popular initiative;
5) provision according to the appeal of the Verkhovna Rada of Ukraine the conclusions concerning observance of constitutional process of investigation and consideration of the case about elimination of the President of Ukraine from post according to the procedure of impeachment in the limits determined by articles 111 and 151 of the Constitution of Ukraine;
6) provision according to the appeal of the Verkhovna Rada of Ukraine the conclusions concerning compliance of the bill of introduction of amendments to the Constitution of Ukraine to requirements of articles 157 and 158 of the Constitution of Ukraine;
7) provision according to the appeal of the Verkhovna Rada of Ukraine the conclusions about violation by the Verkhovna Rada of the Autonomous Republic of Crimea of the Constitution of Ukraine or the laws of Ukraine;
8) the solution of questions of compliance of the Constitution of Ukraine and to the laws of Ukraine of regulatory legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea according to the address of the President of Ukraine according to part two of article 137 of the Constitution of Ukraine;
9) the solution of questions of compliance of the Constitution of Ukraine (constitutionality) of the laws (their separate provisions) according to the constitutional claim of person who considers that the law of Ukraine applied in the final judgment on its case contradicts the Constitution of Ukraine.
1. The court considers question of compliance of the Constitution of Ukraine (constitutionality) of the existing acts (their separate provisions).
2. For the purpose of protection and recovery of the rights of the person Court considers question of compliance of the Constitution of Ukraine (constitutionality) of the act (its separate provisions) which ceased to be valid, but continues to be applied to legal relationship which arose during its action.
3. The court does not consider question concerning compliance to the laws of Ukraine of acts of the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine, the Verkhovna Rada of the Autonomous Republic of Crimea, acts of other public authorities, authorities of the Autonomous Republic of Crimea and local government bodies, except cases, stipulated in Item 28 parts one of Article 85 and part two of article 137 of the Constitution of Ukraine.
1. The structure of Court constitutes 18 judges of the Constitutional Court.
2. The president of Ukraine, the Verkhovna Rada of Ukraine and congress of judges of Ukraine appoint six judges of the Constitutional Court.
1. The court is authorized to perform the constitutional production if in its structure there are at least 12 judges of the Constitutional Court who received powers according to article 17 of this Law.
1. Selection of candidates for judgeship of the Constitutional Court is performed on competitive basis according to the procedure, established by this Law.
2. Selection of candidates for judgeship of the Constitutional Court on competitive basis concerning persons appointed by the President of Ukraine is performed by tender committee which is created by the President of Ukraine.
The structure of the tender committee created by the President of Ukraine is created of number of lawyers with the acknowledged level of competence who do not participate in competitive selection on judgeship of the Constitutional Court.
The president of Ukraine approves regulations on carrying out competitive selection of candidates for judgeship of the Constitutional Court concerning persons appointed by the President of Ukraine.
3. Preparation of question of consideration on competitive basis of candidates for judgeship of the Constitutional Court in the Verkhovna Rada of Ukraine is performed by committee to which area of jurisdiction questions of legal status of the Constitutional Court of Ukraine belong (further - Committee), according to the procedure, determined by Regulations of the Verkhovna Rada of Ukraine, taking into account provisions of this Law.
4. Preparation of question of consideration on competitive basis of candidates for judgeship of the Constitutional Court congress of judges of Ukraine is performed by Judicial council of Ukraine.
5. During competitive selection participation and attraction in any form of citizens of the state recognized under the law as the state invader and/or the state aggressor in relation to Ukraine and also public associations which founders are such persons are not allowed.
6. During competitive selection the tender committee, Committee, Judicial council of Ukraine observe the requirements determined by the Law of Ukraine "About providing the equal rights and opportunities of women and men".
1. The consultative group of experts (further - Consultative group) is formed for the purpose of assistance to subjects of appointment of judges of the Constitutional Court in assessment of moral qualities and level of competence in the field of the right of candidates for judgeship of the Constitutional Court.
2. The consultative group performs the activities according to the Constitution of Ukraine, this Law and Regulations on the Consultative group of experts (further - the Provision) which develops and the Consultative group claims.
3. The consultative group acts as a part of six members who are appointed for a period of three years and participate in its work on a voluntary basis.
Person more than two terms in a row cannot hold position of the member of Consultative group.
4. Person who can be the member of Consultative group:
1) on the date of appointment reached forty five years;
2) has the higher legal education of degree of the master got in Ukraine and/or the higher legal education of the corresponding degree got abroad;
The years of service of professional activity in the field of the right have at least twenty years 3);
4) has high moral qualities;
5) is lawyer with the acknowledged level of competence;
6) corresponds to criterion of political neutrality.
5. Person who cannot be the member of Consultative group:
1) is member or holds position in political party, other political consolidation, or participates in political activities;
2) is the electee on elective office in public authority or local government body, has the representative mandate;
3) participates in competitive selection of candidates for judgeship of the Constitutional court;
4) it is by a court decision acknowledged incapacitated or civil capacity to act of which limited;
The criminal record for making of criminal offense has 5) if such criminal record is not extinguished or is not removed in the procedure established by the law (except the rehabilitee) or on which administrative punishment for making of the offense connected with corruption was imposed;
6) is the judge, the prosecutor, the investigator, the investigator, the government employee or holds political position according to the Law of Ukraine "About the Cabinet of Ministers of Ukraine". Restriction of appointment of judges does not extend to persons whose appointment performs congress of judges of Ukraine;
Nationality of the state recognized under the law as the state invader and/or the state aggressor in relation to Ukraine has 7).
6. Are part of Consultative group:
1) one person designated by the President of Ukraine;
2) one person designated by the Verkhovna Rada of Ukraine;
3) one person designated by congress of judges of Ukraine;
4) one person designated by National academy of legal sciences of Ukraine;
5) one person designated by congress of representatives of law colleges and scientific institutions;
6) one person appointed by meeting of representatives of public associations who within the last five years perform activities in the field of the constitutional reform and/or supremacy of law, and/or human rights protection, and/or prevention and anti-corruption.
7. About appointment of person in structure of Consultative group the President of Ukraine issues the decree. Person acquires the status of the member of Consultative group from the date of the edition of the corresponding presidential decree of Ukraine.
8. The procedure for purpose of person in structure of Consultative group the Verkhovna Rada of Ukraine is established by Regulations of the Verkhovna Rada of Ukraine. Person acquires the status of the member of Consultative group from the date of adoption by the Verkhovna Rada of Ukraine of the relevant resolution.
9. In structure of Consultative group the congress of judges of Ukraine makes the decision on appointment of person according to the procedure, the stipulated in Article 10-11 these Laws. Person acquires the status of the member of consultative group from the date of acceptance by congress of judges of Ukraine of the relevant decision.
10. In structure of Consultative group the National academy of legal sciences of Ukraine makes the decision on appointment of person. Person acquires the status of the member of Consultative group from the date of acceptance of legal sciences of Ukraine of the relevant decision by National academy.
11. In structure of consultative group the congress of representatives of legal higher educational institutions and scientific institutions makes the decision on appointment of person according to the procedure, the stipulated in Article 10-3 presents of the Law. Person acquires the status of the member of consultative group from the date of acceptance by congress of the relevant decision.
12. The stipulated in Article 10-4 presents of the Law make decisions on appointment of person in structure of Consultative group meeting of representatives of public associations who within the last five years perform activities in the field of the constitutional reform and/or supremacy of law, and/or human rights protection, and/or prevention and anti-corruption according to the procedure. Person acquires the status of the member of consultative group from the date of adoption of the relevant decision by meeting.
13. Consultative group authorized, on condition of availability in its list of at least four members.
14. Powers of the member of Consultative group stop in connection with the expiration of its appointment.
15. Powers of the member of Consultative group can be ahead of schedule stopped according to the solution of Consultative group in case:
1) submission of the application in person to them about the termination of powers of the member of Consultative group;
2) expression to it mistrust Consultative group;
3) the introduction in legal force of conviction of court concerning it;
4) imposing on it administrative punishment for making of the offense connected with: corruption; failure to pay alimony; control of vehicles in condition of alcoholic, drug or other intoxication; animals abuse; making of domestic and other violence; failure in duty on education of children; violation of the rights to objects of intellectual property right; weapon handling; legalization (washing) of the income;
5) the announcement his dead, is unknown absent; its recognition by a court decision incapacitated; restriction of his civil capacity to act by a court decision;
6) detection of discrepancy of the member of Consultative group to the requirements determined by this Article;
7) his death.
In case of systematic failure to carry out by the member of Consultative group of the obligations or preventing in work of Consultative group which is fixed at least in two decisions the Consultative group considers question of expression of mistrust to such member and the terminations of its powers according to the address at least three other members.
Powers of the member of Consultative group stop ahead of schedule in day of decision making.
16. The Consultative group informs the subject of appointment on the termination of powers of her member not later than in three months prior to day of the expiration of its powers, and in case of early termination of powers of the member of Consultative group - no later than three days from the date of early termination of its powers.
17. The subject of appointment in case of obtaining from Consultative group of information on the termination of powers of the member of Consultative group whom he appointed designates in structure of Consultative group other person by rules of this Article, except cases if such member of Consultative group had the elected deputy and such deputy is appointed to vacant post of the member of Consultative group according to article 10-12 of this Law.
18. Members of Consultative group elect the chairman and the secretary of Consultative group from the structure. Distribution of powers and obligations between the chairman, the secretary and other members of Consultative group is determined by organizational matters of work of Consultative group by the Provision.
19. Meetings which are convened by the chairman of Consultative group, and in case of its absence - the secretary of Consultative group, and in case of their absence - the senior on age the member of Consultative group are the main form of work of Consultative group.
The meeting of Consultative group can be also convened upon the demand of at least three of her members.
20. The meeting of Consultative group is authorized if at it there are at least four members.
21. The consultative group not later than five days about day of holding meeting will promulgate information on date, time, the venue and the agenda of meeting on the official website of the Constitutional Court if other terms are not established by this Law.
22. Meetings of Consultative group are held openly, except the cases provided by this Law.
The body performing organizational support of activities of the Constitutional Court provides broadcast of meetings of Consultative group in real time on the official website of Court.
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