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LAW OF UKRAINE

of July 13, 2017 No. 2136-VIII

About the Constitutional Court of Ukraine

(as amended on 12-07-2018)

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.

Section I Constitutional Court of Ukraine

Chapter 1. General provisions

Article 1. Status of the Constitutional Court of Ukraine

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.

Article 2. Principles of activities of Court

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.

Article 3. Normative basis of activities of Court

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.

Article 4. Location of the Constitutional Court

1. The constitutional court is in the city of Kiev.

Article 5. Attributes of the courtroom

1. The integral attributes of the Courtroom are the State Emblem of Ukraine and National Flag of Ukraine.

Article 6. Openness of activities of Court

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 mass 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.

Chapter 2. Powers of the Constitutional Court

Article 7. Powers of Court

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.

Article 8. Limits of powers of Court

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.

Article 9. Structure of Court

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.

Article 10. Polnomochnost of 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.

Chapter 3. Judge of the Constitutional Court

Article 11. Requirements to the judge of the Constitutional Court

1. The judge of the Constitutional Court can be the citizen of Ukraine who knows state language, on the date of appointment reached forty years, having higher legal education and years of service of professional activity in the field of the right at least fifteen years, high moral qualities, is jurist with the acknowledged level of competence.

2. The judge of the Constitutional Court of Ukraine (further - the judge of the Constitutional Court or the Judge) in the activities and beyond its limits adheres to the standards of professional ethics of the judge of the Constitutional Court established by the Constitutional Court.

3. The judge of the Constitutional Court shall answer criterion of political neutrality. The judge cannot belong to political parties or labor unions, publicly show favor to them, take part in any political activities.

By the judge of the Constitutional Court, in particular, person who on the date of appointment cannot be appointed to position:

1) is member or holds position in political party, other organization which has political goals or takes part in political activities;

2) is the electee on elective office in public authority or local government body, has the representative mandate;

3) takes part in the organization or financing of political propaganda or other political activities.

The judge of the Constitutional Court cannot combine the position with any position in public authority or local government body, body of professional legal self-government with the status of the People's Deputy of Ukraine, the deputy of the Verkhovna Rada of the Autonomous Republic of Crimea, regional, district, city, district in the city, village, settlement council, with other representative mandate, with lawyer activities, with business activity, to hold any other paid positions, to perform any other paid work or to earn other reward, except for implementation of teaching, scientific or creative activities and receipt of remuneration for it, and also cannot be part of governing body or the supervisory board of the legal entity aiming at profit earning.

4. Person who is shareholder or has other corporate laws has other property rights or other valuable interest in activities of any legal entity aiming at profit earning, for the period of stay on judgeship of the Constitutional Court transfers such stocks (corporate laws) or other appropriate rights in management to the impartial third party (without the right of provision of instructions to such person according to the order such shares, corporate, other laws or instructions for realization of the rights which of them arise). The judge of the Constitutional Court can draw interest, dividends and other passive incomes from property which owner he is.

5. Concerning persons applying for holding the post of the judge of the Constitutional Court in their written consent special inspection according to the procedure, established by the Law of Ukraine "About prevention of corruption" is carried out.

The relevant requirements and restrictions established for them by the Law of Ukraine "About prevention of corruption" extend to judges of the Constitutional Court.

Article 12. Competitive principles of selection of candidates for judgeship of the Constitutional Court

1. Selection of candidates for judgeship of the Constitutional Court on competitive basis concerning persons who are designated by the President of Ukraine is performed by tender committee which is created by the President of Ukraine.

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 Article.

Preparation of question of consideration on competitive basis of candidates for judgeship of the Constitutional Court congress of judges of Ukraine (further - the Congress) is performed by Judicial council of Ukraine.

2. About the beginning of tender for selection of candidates for judgeship of the Constitutional Court appears on the official website according to the President of Ukraine, the Verkhovna Rada of Ukraine, Judicial council of Ukraine not later than three months about day of the end of term of office or age achievement of limit of continuance in office of the judge of the Constitutional Court or no later than one month from the date of emergence of vacancy on judgeship of the Constitutional Court if powers of the judge of the Constitutional Court are stopped or it was dismissed from position on the bases, the stipulated in Article 149-1 Constitution of Ukraine.

3. 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 take part in competitive selection on judgeship of the Constitutional Court.

4. The tender committee, Committee, Judicial council of Ukraine within one month from the date of the announcement of the beginning of tender within aggregate term of carrying out the tender provided by part six of this Article adopts statements from persons who expressed intention to hold judgeship of the Constitutional Court and conform to the requirements established by the Constitution of Ukraine.

Are added to the statement of person who expressed intention to hold judgeship of the Constitutional Court:

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