As amended by Law No. 73-V dated
August 3, 2006,
Law No. 79-V dated August 4, 2006,
Law No. 1168-VI dated March 19, 2009,
Law No. 2453-VI dated July 7, 2010,
Law No. 2592-VI dated October 10, 2010,
Law No.
4711-VI dated May 17, 2012
Law No.
1170-VII dated March 27, 2014
Law No. №
1700-VII dated October 14, 2014
SECTION I
FOUNDATIONS
OF CONSTITUTIONAL JUSTICE
CHAPTER 1.
GENERAL PROVISIONS
Article 1
Status of the Constitutional Court of Ukraine
The
Constitutional Court of Ukraine shall be the sole body of constitutional jurisdiction
in Ukraine.
The
Constitutional Court of Ukraine shall be a legal entity, having a seal
portraying the State Coat of Arms of Ukraine and its own name.
Article 2
Task of the Constitutional Court of Ukraine
The task of the
Constitutional Court of Ukraine shall be to guarantee the supremacy of the
Constitution of Ukraine as the Fundamental Law of the State throughout the
territory of Ukraine.
Article 3
Normative Regulation of the Activities of the
Constitutional Court of Ukraine
The organisation, authorities
and procedure for the activities of the Constitutional Court of Ukraine shall
be established by the Constitution of Ukraine and this Law.
The
Constitutional Court of Ukraine shall adopt acts that regulate organisation of
its internal work in accordance with this Law.
Article 4
Basic Principles of the Activities of the
Constitutional Court of Ukraine
The activities
of the Constitutional Court of Ukraine shall be based on the principles of the
rule of law, independence, collegiality, equality of Judges' rights, openness, complete
and comprehensive consideration of cases, and legal soundness of decisions it
adopts.
Article 5
Composition of the Constitutional Court of Ukraine
The Constitutional Court of
Ukraine shall consist of 18 Judges of the Constitutional Court of Ukraine.
The President of
Ukraine, the Verkhovna Rada of Ukraine and the Congress of Judges of Ukraine
each shall appoint six Judges of the Constitutional Court of Ukraine.
Article 7
Procedure for Appointment of Judges of the Constitutional
Court of Ukraine by the Verkhovna Rada of Ukraine
The Verkhovna
Rada of Ukraine shall appoint Judges of the Constitutional Court of Ukraine by
secret voting through submission of ballots.
Candidates for the offices
of Judges of the Constitutional Court of Ukraine shall be nominated by the Chairperson
of the Verkhovna Rada of Ukraine. No less than one-quarter of the
constitutional composition of the Verkhovna Rada of Ukraine shall also have the
right to nominate candidates. A People’s Deputy has the right to sign a nomination
concerning a single candidate only, and the Deputies' signatures shall not be
recalled. The respective committee of the Verkhovna Rada of Ukraine shall submit
to the Verkhovna Rada of Ukraine its conclusions concerning each candidate to
the office of Judge of the Constitutional Court of Ukraine nominated in accordance
with the established procedure.
Appointed to the
office of Judges of the Constitutional Court of Ukraine shall be deemed candidates
who received a majority of votes of People’s Deputies, but more than a half of
the constitutional composition of the Verkhovna Rada of Ukraine. If several
candidates receive an equal number of votes and after their appointment the
necessary number of Judges is exceeded, they shall be subject to repeat voting.
In case of
termination of the authorities of a Judge of the Constitutional Court of
Ukraine appointed by the Verkhovna Rada of Ukraine, the Verkhovna Rada of
Ukraine shall appoint another person to the office.
According to the
voting results, the Chairperson of the Verkhovna Rada of Ukraine shall sign
resolutions of the Verkhovna Rada of Ukraine on appointment of Judges of the
Constitutional Court of Ukraine.
Article 8
Procedure for Appointment of Judges of the
Constitutional Court of Ukraine by the Congress of Judges of Ukraine
The Congress of
Judges of Ukraine, through open voting by a majority of votes of delegates
present at the Congress, shall determine candidates for the offices of Judges
of the Constitutional Court of Ukraine, nominated by the Congress' delegates to
be included in ballots for secret voting.
Appointed to the office of Judge
of the Constitutional Court of Ukraine shall be deemed a candidate who, upon
secret voting, received a majority of votes from the number of delegates elected
to the Congress of Judges of Ukraine.
If voting is
carried out for candidates, whose number exceeds the quota for appointment to
the offices of Judges of the Constitutional Court of Ukraine, appointed shall
be deemed the candidates who, under conditions established in paragraph two of
this Article, receive more votes than other candidates for these offices.
In case of termination of
the authorities of a Judge of the Constitutional Court of Ukraine appointed by
the Congress of Judges of Ukraine, the Congress of Judges of Ukraine within three
months shall appoint another person to the office.
According to the
voting results, the chairperson and secretary of the Congress shall sign the
decision of the Congress of Judges of Ukraine on appointment of Judges of the
Constitutional Court of Ukraine.
Article 9
Term of Authorities of a Judge of the
Constitutional Court of Ukraine
A Judge of the
Constitutional Court of Ukraine shall be appointed for the term of nine years
with no right to reappointment.
Article 10
Uniform and Badge of a Judge of the Constitutional
Court of Ukraine
A Judge of
the Constitutional Court of Ukraine while performing his/her duties in plenary sessions,
in sessions of the Constitutional Court of Ukraine and in the Collegium of Judges
of the Constitutional Court of Ukraine shall be dressed in a gown.
A Judge of the
Constitutional Court of Ukraine shall have a badge, the description and form of
which shall be approved by the Verkhovna Rada of Ukraine.
Article 11
Attributes of the Constitutional Court of Ukraine
Inalienable
attributes of the Session Hall of the Constitutional Court of Ukraine shall be
the State Coat of Arms of Ukraine and the State Flag of Ukraine.
Article 12
The Seat of the Constitutional Court of Ukraine
The
Constitutional Court of Ukraine shall seat in the city of Kyiv.
CHAPTER 2. AUTHORITIES
OF THE CONSTITUTIONAL
COURT OF UKRAINE
Article 13
Authorities of the Constitutional Court of Ukraine
The
Constitutional Court of Ukraine shall adopt decisions and provide opinions in
cases concerning:
1) constitutionality of laws 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) conformity of international treaties of
Ukraine that are in force or international treaties which are submitted to the Verkhovna
Rada of Ukraine for granting consent to their binding nature with the
Constitution of Ukraine;
3) observance of the constitutional
procedure for investigation and consideration of a case on removal of the
President of Ukraine from office through impeachment within the limits established
by Articles 111 and 151 of the Constitution of Ukraine;
4) official interpretation of the
Constitution and laws of Ukraine.
Article
14
Limits
of the Authorities of the Constitutional Court of Ukraine
The authorities of the
Constitutional Court of Ukraine shall not include issues concerning the
legality of acts of bodies of state power, bodies of the Autonomous Republic of
Crimea and bodies of local self-government as well as other issues pertaining to
the authorities of courts of general jurisdiction.
Article 15
Grounds for Recognition of Legal Acts as
Unconstitutional
The grounds for
adoption of decision concerning unconstitutionality of legal acts in whole or
in part by the Constitutional Court of Ukraine shall be as follows:
non-conformity with the Constitution of
Ukraine;
violation of the
procedure for their consideration, adoption or entry into force established by
the Constitution of Ukraine;
excess of constitutional authorities
during their adoption.
CHAPTER 3.
JUDGES OF THE CONSTITUTIONAL COURT OF UKRAINE
Article 16
Requirements for a Judge of the Constitutional Court
of Ukraine
A judge of the
Constitutional Court of Ukraine may be a citizen of Ukraine who by the day of
appointment has attained the age of forty, has higher legal education, at least
ten years of practical, research or pedagogical professional experience,
command of the state language and has resided in Ukraine for the last twenty
years.
Judges of the
Constitutional Court of Ukraine may not be members of political parties and trade
unions, hold a representative mandate, take part in any kind of political
activity, occupy any other paid position, perform any other remunerated work
other than research, teaching and creative.
In respect of persons who aspire to hold an office
of judge of the Constitutional
Court of Ukraine special screening shall be conducted upon
their written consent in the order established by the Law of Ukraine “On Preventing Corruption”.
Persons aspiring to hold an office of judge of the Constitutional Court
of Ukraine, prior to the appointment to the office, shall submit to the body which
appoints him or her the declaration on property, incomes, expenses, and
obligations of financial nature according to the form and order established by the Law of Ukraine “On Grounds of Corruption Prevention and
Counteraction”.
The relevant requirements and restrictions set by the
Law of Ukraine "On Preventing Corruption" shall be applied to Judges
of the Constitutional
Court of Ukraine.
Article 17
Assuming Office of a Judge of the Constitutional
Court of Ukraine
A Judge of the
Constitutional Court of Ukraine shall assume office from the day of taking the
oath of a Judge of the Constitutional Court of Ukraine.
A Judge of the
Constitutional Court of Ukraine assuming office shall take the following oath:
“I do solemnly swear to honestly and conscientiously perform the high duties of
a Judge of the Constitutional Court of Ukraine, ensure the supremacy of the
Constitution of Ukraine, protect the constitutional order of the State,
constitutional human and citizen’s rights and freedoms.”
A Judge of the
Constitutional Court of Ukraine shall take the oath at a session of the Verkhovna
Rada of Ukraine with the participation of the President of Ukraine, as well as the
Prime Minister of Ukraine and the Chairperson of the Supreme Court of Ukraine
or persons who perform their duties.
Article 18
Status of a Judge of the Constitutional Court of
Ukraine
The status of a Judge
of the Constitutional Court of Ukraine shall be established by the Constitution
of Ukraine, this Law and laws of Ukraine on the status of judges.
The authorities
of a Judge of the Constitutional Court of Ukraine and his/her constitutional rights
and freedoms may not be restricted under the state of emergency or martial law introduced
in Ukraine or in its particular areas.
Article 19
Authorities of a Judge of the Constitutional Court
of Ukraine
A Judge of the
Constitutional Court of Ukraine shall perform preliminary preparation of issues
for consideration by the Collegium of Judges of the Constitutional Court of
Ukraine, the Constitutional Court of Ukraine and take part in consideration of
cases.
A Judge of the
Constitutional Court of Ukraine shall have the right to request the necessary
documents, materials and other information on the matters prepared for
consideration by the Collegium of Judges of the Constitutional Court of
Ukraine, the Constitutional Court of Ukraine from the Verkhovna Rada of
Ukraine, the President of Ukraine, the Prime Minister of Ukraine, the
Prosecutor General of Ukraine, judges, bodies of state power, bodies of the
Autonomous Republic of Crimea, bodies of local self-government, officials,
enterprises, institutions, organisations of all forms of ownership, political
parties and other associations of citizens as well as from individual citizens.
Avoidance of
giving explanations or refusal to provide documents, materials, information to
a Judge of the Constitutional Court of Ukraine shall entail liability of the
responsible persons under the law.
A Judge of the
Constitutional Court of Ukraine shall have the right to express in public his/her
point of view concerning the proceedings only in those cases on which the
Constitutional Court of Ukraine adopted a decision or provided an opinion.
Article
191
Conflict of interest
Judge of the Constitutional Court of
Ukraine may not participate in the examination, preparation and
decision-making, perform other powers in the issues with regard to which he or
she has evident real or potential conflict of interest.
In case a judge of
the Constitutional
Court of Ukraine has real or potential conflict of interest
on the issues considered in the framework of the constitutional proceedings, a
judge of the Constitutional
Court of Ukraine must inform the Constitutional Court of
Ukraine in a written form within one working day and recuse himself or herself
from participation in the consideration of the relevant issue.
For the same reasons,
recusal of a judge of the Constitutional Court of Ukraine may be stated by
persons who are parties to the constitutional proceedings.
Recusal must be
well-grounded and submitted in the form of a written application to the Constitutional Court of
Ukraine before the beginning of the consideration of the case. Chairperson at
the plenary session of the Constitutional Court of Ukraine shall be obliged to
acquaint the participants with the application on recusal (self-recusal) of a
judge of the Constitutional
Court of Ukraine.
Procedural ruling on
recusal (self-recusal) shall be adopted at the session of the Constitutional Court of
Ukraine.
Note. The terms
"real conflict of interest", "potential conflict of
interest" are used in the meaning, specified in the Law of Ukraine
"On Preventing Corruption".
Article 20
Elections of the Chairperson of the
Constitutional Court of Ukraine
The
Chairperson of the Constitutional Court of Ukraine shall be elected at a
special plenary session of the Constitutional Court of Ukraine from among the Judges
of the Constitutional Court of Ukraine for a single three-year term by secret voting
with any number of candidates nominated by Judges of the Constitutional Court
of Ukraine. No more than one candidate may be left on a ballot.
Elected to the
office of the Chairperson of the Constitutional Court of Ukraine shall be deemed
a candidate who received more than a half of votes of the constitutional composition
of the Constitutional Court of Ukraine.
If
more than two candidates are nominated for the office of the Chairperson of the
Constitutional Court of Ukraine and none of the candidates is elected, the two
candidates who received the majority of votes shall be subject to repeat voting.
If not more than
two candidates are nominated for the office of the Chairperson of the
Constitutional Court of Ukraine and neither of the candidates is elected, or
the Chairperson of the Constitutional Court of Ukraine is not elected during
the repeat voting, new election shall be conducted for the office of the
Chairperson of the Constitutional Court of Ukraine.
The
Constitutional Court of Ukraine shall elect a commission for organisation and
conduct of elections of the Chairperson of the Constitutional Court of Ukraine from
among the Judges of the Constitutional Court of Ukraine.
Article
21
Authorities
of the Chairperson of the Constitutional Court of Ukraine
The Chairperson of the
Constitutional Court of Ukraine shall head the Constitutional Court of Ukraine
and organise its activities.
The
authorities of the Chairperson of the Constitutional Court of Ukraine shall
include:
organisation of
work of the Collegia of Judges of the Constitutional Court of Ukraine, commissions
and the Secretariat of the Constitutional Court of Ukraine;
convocation and
conduct of the sessions and plenary sessions of the Constitutional Court of
Ukraine;
management of
budgetary funds for maintaining and ensuring activities of the Constitutional
Court of Ukraine in accordance with the budget estimate approved by the
Constitutional Court of Ukraine;
exercise of
other authorities provided for by this Law and acts of the Constitutional Court
of Ukraine which regulate organization of its internal work.
Article
22
Deputy
Chairpersons of the Constitutional Court of Ukraine
The Chairperson
of the Constitutional Court of Ukraine shall have two Deputy Chairpersons of
the Constitutional Court of Ukraine.
Deputy Chairpersons of the
Constitutional Court of Ukraine shall perform separate authorities of the
Chairperson of the Constitutional Court of Ukraine under his/her instruction. If
the Chairperson of the Constitutional Court of Ukraine is absent or unable to
exercise his/her authorities, his/her duties shall be performed by the oldest
of the Deputy Chairpersons.
If both Deputy
Chairpersons are absent, the duties of the Chairperson of the Constitutional
Court of Ukraine shall be performed by the oldest judge of the Constitutional
Court of Ukraine.
Deputy
Chairpersons of the Constitutional Court of Ukraine shall be nominated by the
Chairperson of the Constitutional Court of Ukraine and elected for a single
three-year term by secret voting under the procedure established in Article 20
of this Law.
Article
23
Dismissal
from the Office of a Judge of the Constitutional Court of Ukraine
Judge of the Constitutional
Court of Ukraine shall be dismissed by the body which elected or appointed
him/her in case of:
1. expiration of the term of office;
2. attaining the age of sixty-five;
3. inability to perform his/her authorities
due to the state of health;
4.
violation by a Judge of the requirements of
incompatibility;
5.
breach of the oath;
6.
entry into legal force of a guilty verdict against
him/her;
7.
termination of his/her citizenship;
8.
declaration that he/she is missing or deceased;
9.
submission by a Judge of a statement of resignation
or voluntary dismissal from the office.
The authorities of a Judge shall
be terminated in case of his/her death.
Article
24
Pre-Term
Dismissal of the Chairperson of the Constitutional Court of Ukraine, Deputy
Chairperson of the Constitutional Court of Ukraine upon Their Submissions
The Chairperson
of the Constitutional Court of Ukraine, the Deputy Chairperson of the
Constitutional Court of Ukraine shall be dismissed from office by the
Constitutional Court of Ukraine upon their submissions.
The decision on pre-term
dismissal shall be deemed adopted if it received more than a half of votes of
the constitutional composition of the Constitutional Court of Ukraine.
The
dismissal from office of the Chairperson of the Constitutional Court of Ukraine,
the Deputy Chairperson of the Constitutional Court of Ukraine shall not lead to
termination of their authorities of a Judge of the Constitutional Court of
Ukraine.
Article
25
Research
Consultants and Assistants of a Judge of the Constitutional Court of Ukraine
A Judge of the
Constitutional Court of Ukraine shall have a research consultant and an
assistant.
A research consultant and
an assistant shall fulfill instructions of a Judge of the Constitutional Court
of Ukraine on the issues concerning constitutional proceedings.
A research consultant and
an assistant of a Judge of the Constitutional Court of Ukraine shall be civil
servants.
Article 26
Extrajudicial Activities of Judges of the
Constitutional Court of Ukraine
Judges of the
Constitutional Court of Ukraine shall have the right to take part in
conferences, symposia, be members of delegations of the Constitutional Court of
Ukraine.
Decisions on
official trips of Judges of the Constitutional Court of Ukraine shall be adopted
by the Chairperson of the Constitutional Court of Ukraine and in his/her absence
– by the Deputy Chairperson of the Constitutional Court of Ukraine.
CHAPTER 4. GARANTEES OF
ACTIVITIES OF JUDGES OF THE CONSTITUTIONAL COURT OF UKRAINE
Article
27
Independence
of Judges of the Constitutional Court of Ukraine
Judges of the
Constitutional Court of Ukraine while exercising their authorities shall be
independent; they shall obey only the Constitution of Ukraine and be guided by
this Law, other laws of Ukraine except for those laws or separate provisions thereof
which are the subject of consideration of the Constitutional Court of Ukraine.
Article
28
Immunity
of the Person of a Judge of the Constitutional Court of Ukraine
The person of a Judge of
the Constitutional Court shall be immune.
A Judge of the
Constitutional Court of Ukraine may not be detained or arrested without the
consent of the Verkhovna Rada of Ukraine before a guilty verdict is pronounced
by a court.
Judges of the
Constitutional Court of Ukraine shall not bear legal liability for voting results
or expression of their opinions in the Constitutional Court of Ukraine and in
its Collegia, except liability for offense or slander when considering cases,
adopting decisions and providing opinions by the Constitutional Court of
Ukraine.
Article
29
Social
and Welfare Provision of Judges of the Constitutional Court of Ukraine
Judges of the
Constitutional Court of Ukraine shall receive salary and enjoy other types of
material security established by laws of Ukraine on the status of judges.
If the authorities of a Judge
of the Constitutional Court of Ukraine are terminated under item 1 or 3,
paragraph one Article 23 of this Law, he/she shall continue to receive 80 % of
monetary maintenance and enjoy other types of material security of a Judge of
the Constitutional Court of Ukraine until his/her retirement.
CHAPTER 5. ORGANISATION OF THE
ACTIVITIES OF THE CONSTITUTIONAL COURT OF UKRAINE
Article
30
Organisation
of Activities of the Constitutional Court of Ukraine
Issues concerning proceedings
in cases and the activities of the Constitutional Court of Ukraine and its
Secretariat, documentation management and internal rules of the Constitutional
Court of Ukraine shall be determined by the Constitution of Ukraine, this Law
and acts of the Constitutional Court of Ukraine on organisation of internal
work of the Constitutional Court of Ukraine.
Article
31
Financing
of the Constitutional Court of Ukraine
Financing
of the Constitutional Court of Ukraine shall be provided for in a separate item
of the State Budget of Ukraine.
Proposals concerning the
amount of financing of the Constitutional Court of Ukraine as well as the draft
of the respective budget estimate shall be submitted by the Chairperson of the
Constitutional Court of Ukraine to the Cabinet of Ministers of Ukraine and the Verkhovna
Rada of Ukraine when the State Budget for each following year is drafted.
Article 311
Openness of the activity of the Constitutional Court
of Ukraine
The
Constitutional Court of Ukraine shall promulgate and provide information upon
inquiry in accordance with the Law of Ukraine “On Access to Public
Information”.
Promulgation and provision of the
information upon inquiries, addressed to the Constitutional Court of Ukraine,
shall be provided by the Secretariat of the Constitutional Court of Ukraine.
Article
32
Secretariat
of the Constitutional Court of Ukraine
The organisational,
research and expert, informational and reference as well as other kinds of
support for activities of the Constitutional Court of Ukraine shall be provided
by the Secretariat of the Constitutional Court of Ukraine headed by the Head of
the Secretariat of the Constitutional Court of Ukraine.
Regulations on the
Secretariat of the Constitutional Court of Ukraine, its structure and staff shall
be approved by the Constitutional Court of Ukraine.
The Head of the Secretariat
of the Constitutional Court of Ukraine shall be appointed by the Constitutional
Court of Ukraine upon nomination by the Chairperson of the Constitutional Court
of Ukraine from among the citizens entitled to hold the office of a
professional judge.
The Head of the
Secretariat of the Constitutional Court of Ukraine may not be a member of any
political party, hold a representative mandate, take part in any kind of political
activity, occupy any other paid position, perform other remunerated work other
than research, teaching and creative.
The Head and other officials
of the Secretariat of the Constitutional Court of Ukraine shall be civil
servants.
Article
33
Standing
Commissions of the Constitutional Court of Ukraine
The
Constitutional Court of Ukraine at its session shall establish standing
commissions of the Constitutional Court of Ukraine from among the Judges of the
Constitutional Court of Ukraine. Such commissions shall be auxiliary working
bodies on issues of organisation of the Court’s internal work.
Regulations on
standing commissions of the Constitutional Court of Ukraine shall be approved
by the Constitutional Court of Ukraine at its plenary session.
Chairpersons of
standing commissions shall be appointed by the Chairperson of the
Constitutional Court of Ukraine for the term of their office.
Article
34
Temporary
Commissions of the Constitutional Court of Ukraine
The
Constitutional Court of Ukraine at its plenary sessions may establish temporary
commissions for additional examination of issues related to constitutional proceedings
in a case with the participation of experts in relevant branches of law.
Article
35
Archives
of the Constitutional Court of Ukraine
Materials concerning
activities of the Constitutional Court of Ukraine shall be stored in the
Archives of the Constitutional Court of Ukraine.
Materials of the cases on
which the Constitutional Court of Ukraine adopted decisions or provided opinions
shall be stored in the Archives of the Constitutional Court of Ukraine for one
hundred years.
Original copies
of decisions and opinions of the Constitutional Court of Ukraine shall be stored
in the Archives permanently.
Other materials concerning
activities of the Constitutional Court of Ukraine shall be stored in the
Archives of the Constitutional Court of Ukraine on general terms determined by the
Ukrainian legislation.
Regulations on the Archives
of the Constitutional Court of Ukraine shall be approved by the Constitutional
Court of Ukraine.
Article
36
Library of the Constitutional Court of
Ukraine
To
provide the Constitutional Court of Ukraine with normative legal acts, research
and other special literature, the Library of the Constitutional Court of
Ukraine shall be established.
Regulations on the Library
of the Constitutional Court of Ukraine shall be approved by the Constitutional
Court of Ukraine.
Article
37
Publication
of the Constitutional Court of Ukraine
The publication of the
Constitutional Court of Ukraine shall be "The Bulletin of the
Constitutional Court of Ukraine".
SECTION II
COSTITUTIONAL PROCEEDINGS
CHAPTER 6. APPLICATION TO
THE CONSTITUTIONAL
COURT OF UKRAINE
Article
38
Forms
of Application to the Constitutional Court of Ukraine
The forms of
application to the Constitutional Court of Ukraine shall be a constitutional
petition and a constitutional appeal.
Article
39
Constitutional
Petition
The
constitutional petition shall be a written application to the Constitutional
Court of Ukraine on recognition of a legal act (separate provisions thereof) as
unconstitutional, on determination of the constitutionality of an international
treaty or on the necessity of the official interpretation of the Constitution
of Ukraine and laws of Ukraine. The constitutional petition shall be also an
application of the Verkhovna Rada of Ukraine on providing an opinion concerning
observance of the constitutional procedure for investigation and consideration of
the case on removal of the President of Ukraine from office through
impeachment.
In the constitutional
petition there shall be set forth:
1) full name of the body or an official filing
the constitutional petition in accordance with the right provided for by the
Constitution of Ukraine and this Law;
2) information concerning the
representative authorised by law or proxy;
3) full title, number, date of adoption,
source of publication (provided that it was published) of the legal act which constitutionality
(separate provisions thereof) is disputed or which needs to be officially
interpreted;
4) legal reasoning of statements
concerning the unconstitutionality of the legal act (separate provisions thereof)
or the necessity of official interpretation;
5)
information concerning other documents and
materials to which the subjects of the
right to constitutional petition refer (copies of these documents and materials
to be enclosed);
6)
a list of the enclosed materials and documents.
The constitutional
petition, enclosed documents and other materials shall be submitted in
triplicate.
Article
40
Subjects
of the Right to Constitutional Petition for Adopting Decisions by the
Constitutional Court of Ukraine
Subjects of the right to
constitutional petition for adopting decisions by the Constitutional Court of
Ukraine in cases provided for by item 1 Article 13 of this Law shall be: the
President of Ukraine, no less than forty-five People’s Deputies of Ukraine (a People’s
Deputy's signature may not be recalled), the Supreme Court of Ukraine, the
Authorised Human Rights Representative of the Verkhovna Rada of Ukraine and the
Verkhovna Rada of the Autonomous Republic of Crimea.
Article
41
Subjects
of the Right to Constitutional Petition for Providing Opinions by the
Constitutional Court of Ukraine
Subjects of the
right to constitutional petition for providing opinions by the Constitutional
Court of Ukraine in cases provided for by items 2, 3 and 4 Article 13 of this
Law shall be:
under item 2 - the President of Ukraine,
the Cabinet of Ministers of Ukraine;
under item 3 - the Verkhovna Rada of
Ukraine;
under item 4 -
the President of Ukraine, no less than forty-five People’s Deputies of Ukraine
(a People’s Deputy's signature may not be recalled), the Authorised Human
Rights Representative of the Verkhovna Rada of Ukraine, the Supreme Court of
Ukraine, the Cabinet of Ministers of Ukraine, other bodies of state power, the Verkhovna
Rada of the Autonomous Republic of Crimea, bodies of local self-government.
Article
42
Constitutional
Appeal
The constitutional appeal shall
be a written application to the Constitutional Court of Ukraine on the
necessity of official interpretation of the Constitution of Ukraine and laws of
Ukraine in order to ensure implementation or protection of the constitutional human
and citizen’s rights and freedoms as well as the rights of a legal entity.
In the constitutional
appeal there shall be set forth:
1) surname, first name and patronymic of the
citizen of Ukraine, foreigner or
stateless person, his/her address of residence, or name and place of
location of the legal entity;
2) information concerning the citizen's
representative authorised by law or proxy;
3) articles (separate provisions thereof)
of the Constitution of Ukraine or the Law of Ukraine, the interpretation of
which is to be provided by the Constitutional Court of Ukraine;
4) substantiation
of the necessity of official interpretation of the provisions of the
Constitution of Ukraine or the laws of Ukraine;
5) information concerning other documents
and materials to which the subjects of the right to constitutional appeal refer
(copies of these documents and materials to be enclosed);
6) a list of materials and documents enclosed.
The constitutional appeal,
enclosed documents and other materials shall be submitted in triplicate.
Article
43
Subjects
of the Right to Constitutional Appeal for Providing Opinions by the
Constitutional Court of Ukraine
Subjects of the right to
constitutional appeal for providing opinions by the Constitutional Court of
Ukraine in case provided for by item 4 Article 13 of this Law shall be citizens
of Ukraine, foreigners, stateless persons and legal entities.
Article
44
Withdrawal
of Constitutional Petition or Constitutional Appeal
A constitutional petition
or a constitutional appeal may be withdrawn upon the written submission of the
subject who filed it with the Constitutional Court of Ukraine at any time
before the day of its consideration at the plenary session of the
Constitutional Court of Ukraine.
A procedural ruling on
termination of proceedings in a case upon a constitutional petition or a
constitutional appeal which is being withdrawn shall be adopted at a session of
the Constitutional Court of Ukraine.
Article
45
Grounds
for Refusal to Initiate Constitutional Proceedings
The
grounds for refusal to initiate the proceedings in a case in the Constitutional
Court of Ukraine shall be as follows:
1) the Constitution of Ukraine and this
Law do not provide for the right to constitutional petition or constitutional
appeal;
2) a constitutional petition or a constitutional
appeal does not meet requirements envisaged by the Constitution of Ukraine and
this Law;
3) the Constitutional Court of Ukraine has
no jurisdiction over issues raised in a constitutional petition or a constitutional
appeal.
CHAPTER 7. THE PROCEEDINGS IN
CASES
IN THE CONSTITUTIONAL COURT
OF UKRAINE
Article
46
Proceedings
in a Case
Initiation of the
proceedings in a case in the Constitutional Court of Ukraine upon constitutional
petition or constitutional appeal shall be approved by the Collegium of Judges
of the Constitutional Court of Ukraine or by the Constitutional Court of
Ukraine at its session.
The case in which the constitutional
proceedings are initiated shall be considered by the Constitutional Court of
Ukraine at a plenary session following the procedure and within the term established
by this Law.
The date for consideration
of a case by the Constitutional Court of Ukraine shall be determined by the
Chairperson of the Constitutional Court of Ukraine.
Article
47
Collegia
of Judges of the Constitutional Court of Ukraine
The Collegia of Judges
to consider issues concerning initiation of the constitutional proceedings in
cases upon constitutional petitions, and the Collegia of Judges to consider the
issues concerning initiation of constitutional proceedings in cases upon constitutional
appeals shall be established in the Constitutional Court of Ukraine.
Decisions on establishment
of the Collegia of Judges of the Constitutional Court of Ukraine, approval of
the composition and appointment of the secretaries of the Collegia of Judges shall
be adopted at a session of the Constitutional Court of Ukraine during the first
month of each calendar year.
The Collegium of
Judges shall be headed by the secretary appointed from among the Judges who are
members of the Collegium.
Article
48
Authorities
of the Collegia of Judges of the Constitutional Court of Ukraine in Cases upon
Constitutional Petitions
The Collegium of
Judges of the Constitutional Court of Ukraine in cases upon constitutional
petitions shall adopt a procedural ruling on initiation of the proceedings in a
case in the Constitutional Court of Ukraine or on refusal to initiate the proceedings
by a majority of the judges' votes.
If the Collegium
of Judges of the Constitutional Court of Ukraine adopts a procedural ruling on initiation
of the proceedings in a case in the Constitutional Court of Ukraine, the
Chairperson of the Constitutional Court of Ukraine shall submit this case for
consideration at a plenary session of the Constitutional Court of Ukraine.
If the Collegium of Judges
adopts a procedural ruling on refusal to initiate the proceedings in a case,
the secretary of the Collegium of Judges shall forward the materials to the
Chairperson of the Constitutional Court of Ukraine for consideration of the
case at a session of the Constitutional Court of Ukraine.
Article
49
Authorities
of the Collegia of Judges of the Constitutional Court of Ukraine in Cases upon Constitutional
Appeals
The Collegium of
Judges of the Constitutional Court of Ukraine in cases upon constitutional
appeals shall adopt a procedural ruling on initiation of the proceedings in a case
in the Constitutional Court of Ukraine or on refusal to initiate the
proceedings according to the procedure established by Article 48 of this Law.
Article
50
Sessions
of the Constitutional Court of Ukraine
The
Constitutional Court of Ukraine at its sessions shall consider issues concerning
initiation of the proceedings in a case in the Constitutional Court of Ukraine
if the Collegium of Judges of the Constitutional Court of Ukraine adopts a
procedural ruling on refusal to initiate the proceedings.
If at a session of the
Constitutional Court of Ukraine a procedural ruling on initiation of the
proceedings in a case in the Constitutional Court of Ukraine is adopted, this
case shall be submitted by the Chairperson of the Constitutional Court of
Ukraine for consideration at a plenary session of the Constitutional Court of
Ukraine.
The procedural ruling adopted
at a session of the Constitutional Court of Ukraine on refusal to initiate the proceedings
in a case in the Constitutional Court of Ukraine shall be final.
All issues to be decided on
by the Constitutional Court of Ukraine except for the issues to be decided on
at its plenary session in accordance with this Law shall be considered at the
sessions of the Constitutional Court of Ukraine.
Sessions
of the Constitutional Court of Ukraine shall be competent provided that no less
than eleven Judges of the Constitutional Court of Ukraine are present.
A decision of
the Constitutional Court of Ukraine shall be deemed adopted at its session if
it receives more than a half of votes of the Judges of the Constitutional Court
of Ukraine who took part in the session.
Article
51
Plenary
Sessions of the Constitutional Court of Ukraine
The Constitutional Court of
Ukraine at its plenary sessions shall consider cases, the proceedings in which are
initiated upon constitutional petitions and constitutional appeals as well as other
issues subject to consideration by the Constitutional Court of Ukraine at its
plenary sessions in accordance with this Law.
At its plenary
sessions, the Constitutional Court of Ukraine shall adopt decisions on cases envisaged
by item 1 Article 13 and provide opinions on cases envisaged by items 2, 3 and
4 Article 13 of this Law.
The plenary
session of the Constitutional Court of Ukraine shall be competent provided no less
than twelve Judges of the Constitutional Court or Ukraine are present.
Decisions of the
Constitutional Court of Ukraine shall be deemed adopted and opinions of the
Constitutional Court of Ukraine shall be deemed provided at plenary sessions if
they receive the votes of no less than ten Judges of the Constitutional Court
of Ukraine.
Article
52
Procedure
for Conducting Plenary Sessions of the Constitutional Court of Ukraine,
Sessions of the Constitutional Court of Ukraine
The procedure
for conducting plenary sessions and sessions of the Constitutional Court of
Ukraine shall be established by this Law and acts of the Constitutional Court
of Ukraine that regulate organisation of its internal work.
Plenary sessions and
sessions of the Constitutional Court of Ukraine shall be presided over by the
Chairperson of the Constitutional Court of Ukraine.
Article
53
Responsibility
for Violation of Order at the Plenary Session of the Constitutional Court of
Ukraine
The chairperson of the
plenary session of the Constitutional Court of Ukraine shall ensure that the
order during its conduct is respected.
Participants in the
constitutional proceedings and those present in the Session Hall of the
Constitutional Court of Ukraine shall be forewarned of the necessity to respect
the established order.
In the event of
demonstrating disrespect for the Constitutional Court of Ukraine or hindering
the conduct of its plenary session, the offender of order shall be brought to responsibility
under the law.
The ruling on
imposition of responsibility shall be adopted by the Constitutional Court of
Ukraine upon the proposal of the chairperson in the Session Hall of the
Constitutional Court of Ukraine.
The offender of order shall
be removed from the Session Hall of the Constitutional Court of Ukraine.
Article
54
Ensuring
Completeness of Consideration of a Case by the Constitutional Court of Ukraine
The Collegium of Judges of
the Constitutional Court of Ukraine during preparation of a case and the
Constitutional Court of Ukraine during consideration of a case, shall have the
right to request the necessary documents, materials and other information
concerning the case from the Verkhovna Rada of Ukraine, the President of
Ukraine, the Prime Minister of Ukraine, the Prosecutor General of Ukraine,
judges, bodies of state power, bodies of the Autonomous Republic of Crimea, bodies
of local self-government, officials, enterprises, institutions, organisations
of all forms of ownership, political parties and other associations of citizens
as well as individual citizens.
The Collegium of Judges of
the Constitutional Court of Ukraine during preparation of the case and the
Constitutional Court of Ukraine during consideration of the case, where
necessary, shall designate expertise on the case and decide on issues concerning
the involvement of experts in the constitutional proceedings.
The Collegium of
Judges of the Constitutional Court of Ukraine during preparation of a case and
the Constitutional Court of Ukraine during consideration of the case shall have
the right to summon officials, experts, witnesses, representatives authorised by
law or proxy and citizens in order to ensure unbiased and complete
consideration of the case.
Avoidance
without a valid reason of appearing before the Collegium of Judges of the
Constitutional Court of Ukraine or the Constitutional Court of Ukraine as well
as refusal to present the requisite documents, materials and other information
or their intentional concealment shall entail liability of the responsible
persons under the law.
Article
55
Participants
in Constitutional Proceedings
Participants in constitutional
proceedings shall be subjects of the right to constitutional petition and
constitutional appeal and their representatives, as well as bodies, officials,
witnesses, experts and interpreters involved by the Constitutional Court of
Ukraine to participate in consideration of the case.
Failure of a participant
in constitutional proceedings to appear at a plenary session or a session of
the Constitutional Court of Ukraine for a valid reason may be grounds to
postpone the consideration of the case.
Repeated failure
of a participant in constitutional proceedings to appear at a plenary session
or a session of the Constitutional Court of Ukraine for a valid reason, the
Constitutional Court of Ukraine may adopt a decision on consideration of the
case at the respective session in his/her absence.
Failure of a participant in
constitutional proceedings to appear without a valid reason, the Constitutional
Court of Ukraine shall adopt the decision in his/her absence.
Article
56
Language
of Constitutional Proceedings
The Constitutional Court of
Ukraine shall consider cases, adopt decisions, provide opinions and promulgate
them in the state language.
Participants in constitutional
proceedings who do not have command of the state language shall have the right
to use an interpreter. Participants in the constitutional proceedings shall notify
the Constitutional Court of Ukraine in due time about their intention to use an
interpreter.
Article
57
Term
of Constitutional Proceedings
The term of the proceedings
in cases upon constitutional petitions shall not exceed three months.
If
a constitutional petition is recognised by the Constitutional Court of Ukraine
as urgent, the term for consideration of such a petition shall not exceed one
month.
The term of the proceedings
in cases upon constitutional appeals shall not exceed six months.
Calculation of the terms of
constitutional proceedings shall begin on the day of adoption of the procedural
ruling on initiation of the constitutional proceedings in a case.
Article
58
Joining
of Constitutional Proceedings
If several
constitutional petitions, constitutional appeals concerning the same issue are filed
with the Constitutional Court of Ukraine, constitutional proceedings therein shall
be joined.
Article
59
Compensation
of Expenses to Participants in Constitutional Proceedings
The expenses incurred by
the participants in constitutional proceedings shall be compensated from the
budgetary funds as decided by the Constitutional Court of Ukraine.
Article
60
State
Duty
Constitutional petitions
and constitutional appeals shall be filed with the Constitutional Court of
Ukraine without payment of state duty.
If a repeated filing
of a constitutional petition or a constitutional appeal on the issue that was
already considered by the Constitutional Court of Ukraine constitutes abuse of
the right, the Constitutional Court of Ukraine, after adoption of a ruling on refusal
to initiate constitutional proceedings in a case, may adopt a decision on
exaction from the subject of the right to constitutional petition or
constitutional appeal of state duty in the amount established by law.
CHAPTER 8. DECISIONS AND
OPINIONS OF THE CONSTITUTIONAL COURT OF UKRAINE
Article
61
Decisions
of the Constitutional Court of Ukraine
The
Constitutional Court of Ukraine shall adopt decisions upon consideration of
cases concerning constitutionality of laws and the other legal acts of the Verkhovna
Rada of Ukraine, acts of the President of Ukraine, acts of the Cabinet of
Ministers of Ukraine and legal acts of the Verkhovna Rada of the Autonomous
Republic of Crimea.
The Constitutional
Court of Ukraine may recognise a legal act, in whole or in part, as
unconstitutional.
If in the course of consideration
of a case upon a constitutional petition or a constitutional appeal there has
been revealed non-conformity with the Constitution of Ukraine of legal acts (separate
provisions thereof) other than those in which constitutional proceedings are
initiated and which have an impact on adopting a decision or providing an
opinion on the case, the Constitutional Court of Ukraine shall recognise such
legal acts (separate provisions thereof) as unconstitutional.
Article 62
Opinions
of the Constitutional Court of Ukraine
The Constitutional Court of
Ukraine shall provide opinions in cases concerning:
official
interpretation of the Constitution of Ukraine and laws of Ukraine;
conformity of
international treaties of Ukraine that are in force or international treaties
submitted to the Verkhovna Rada of Ukraine for granting consent to their
binding nature with the Constitution of Ukraine;
observance of the
constitutional procedure for investigation and consideration of a case on removal
of the President of Ukraine from office through impeachment.
Article
63
Adopting
Decisions and Providing Opinions by the Constitutional Court of Ukraine
Decisions shall be adopted
and opinions shall be provided by the Constitutional Court of Ukraine through
individual voting in the form of interrogating of Judges of the Constitutional
Court of Ukraine.
Proposals of Judges of the
Constitutional Court of Ukraine regarding a draft decision or opinion shall be voted
in the order in which they are received.
Judges of the Constitutional Court of
Ukraine may not abstain from voting except
in the cases, provided by the first paragraph of Article 191 of this Law, in which they are obliged
to abstain from voting".
Decisions and
opinions of the Constitutional
Court of Ukraine shall be substantiated in a written form,
signed individually by Judges of the Constitutional Court of
Ukraine who voted for and who voted against, and promulgated. They shall be final
and may not be appealed.
Signing a decision or
opinion of the Constitutional Court of Ukraine by a Judge of the Constitutional
Court of Ukraine shall be mandatory.
Article
64
Dissenting
Opinion of a Judge of the Constitutional Court of Ukraine
Dissenting opinion
of a Judge of the Constitutional Court of Ukraine who signed a decision or an opinion
of the Constitutional Court of Ukraine shall be stated by a Judge of the
Constitutional Court of Ukraine in a written form and attached to the decision
or the opinion of the Constitutional Court of Ukraine.
Article
65
Contents
of a Decision of the Constitutional Court of Ukraine
Decision of the
Constitutional Court of Ukraine shall contain:
1) title of the decision, date and place
of adopting the decision, its number;
2) names of the Judges of the
Constitutional Court of Ukraine who took part in consideration of the case;
3) list of participants in the Court’s session;
4) contents of the constitutional
petition;
5) full title, date of adoption, index
number of the legal act which constitutionality is under consideration;
6)
provisions of the Constitution of Ukraine which the
Constitutional Court of Ukraine was
guided with when adopting the decision;
7) motivation part of the decision;
8) resolutive part of the decision;
9) statement that the decision of the
Constitutional Court of Ukraine is final and may not be appealed.
Article
66
Contents
of an Opinion of the Constitutional Court of Ukraine
Opinion of the
Constitutional Court of Ukraine shall contain:
1) title of the opinion, date and place of
providing the opinion, its number;
2) names of the Judges of the Constitutional
Court of Ukraine who took part in consideration of the case;
3) list of participants in the Court’s session;
4) contents of the constitutional petition
or the constitutional appeal;
5) provisions of the Constitution of
Ukraine which the Constitutional Court of Ukraine was guided with when providing
the opinion;
6) motivation part of the opinion;
7) resolutive part of the opinion;
8) statement that the opinion of the
Constitutional Court of Ukraine is final and may not be appealed.
Article
67
Official
Promulgation of Decisions and Opinions of the Constitutional Court of Ukraine
Decisions and
opinions of the Constitutional Court of Ukraine shall be signed no later than
seven days after adopting the decision or providing the opinion.
Decisions and opinions
of the Constitutional Court of Ukraine shall be officially promulgated the next
working day after their signature.
Decisions and opinions of
the Constitutional Court of Ukraine together with the dissenting opinions of Judges
of the Constitutional Court of Ukraine shall be published in the "Bulletin
of the Constitutional Court of Ukraine" and other official publications of
Ukraine.
Article
68
Grounds
for Re-Initiation of Proceedings in a Case
The Constitutional Court of
Ukraine shall re-initiate proceedings in a case if the circumstances of the
case, which were not considered but which existed at the time of the
consideration of the case and adoption of a decision or providing an opinion on
the case are found.
Article
69
Binding
Nature of Decisions and Opinions of the Constitutional Court of Ukraine
Decisions and opinions of
the Constitutional Court of Ukraine shall be equally binding.
Article
70
Execution
of Decisions and Opinions of the Constitutional Court of Ukraine
Copies of
decisions and opinions of the Constitutional Court of Ukraine shall be sent
next working day after their official promulgation to the subject of the right
to constitutional petition or constitutional appeal upon whose initiative the
case was considered, to the Ministry of Justice of Ukraine as well as to the
state body that adopted the legal act which was considered by the
Constitutional Court of Ukraine.
Where necessary, the
Constitutional Court of Ukraine may determine in its decision or opinion the
procedure and terms of their execution and oblige appropriate state bodies to ensure
execution of the decision or adherence to the opinion.
The Constitutional Court of
Ukraine has the right to demand from bodies stated in this Article a written
confirmation of execution of the decision or adherence to the opinion of the
Constitutional Court of Ukraine.
Failure to execute decisions
or adhere to opinions of the Constitutional Court of Ukraine shall entail
liability under the law.
SECTION III
TYPES OF CONSTITUTIONAL
PROCEEDINGS
CHAPTER 9. PROCEEDINGS IN
CASES
UNDER ITEM 1 ARTICLE 13 OF
THIS LAW
Article
71
Filing
Constitutional Petitions
Constitutional
petitions which are submitted by subjects of the right to constitutional
petition set forth in Article 40 of this Law to the Constitutional Court of
Ukraine shall contain arguments and statements concerning unconstitutionality
of laws, other legal acts of the Verkhovna Rada of Ukraine, acts of the
President of Ukraine, acts of the Cabinet of Ministers of Ukraine or legal acts
of the Verkhovna Rada of the Autonomous Republic of Crimea.
Subjects of the right to
constitutional petition may appoint up to three representatives for
participation in consideration of the case.
Article
72
Participation
in Constitutional Proceedings
The Constitutional Court of
Ukraine shall ensure participation in the constitutional proceedings in a case of
representatives of the state bodies which acts are disputed concerning their
constitutionality in a constitutional petition.
Article
73
Decisions
in Cases
The Constitutional Court of
Ukraine shall adopt decisions concerning constitutionality of acts set forth in
item 1 Article 13 of this Law.
If such acts or separate
provisions thereof are recognised as non-conforming with the Constitution of
Ukraine (unconstitutional) they shall be declared invalid and lose their legal
force from the day the Constitutional Court of Ukraine adopts the decision on
their unconstitutionality.
Article 74
Settlement of Legal Relations that Emerged on the
Basis of an Act Recognised as Unconstitutional
The
Constitutional Court of Ukraine may determine that its decision has pre-judicial
effect for courts of general jurisdiction during consideration of claims in
connection with legal relations that emerged on the basis of an unconstitutional act.
CHAPTER 10. PROCEEDINGS IN CASES
CONCERNING CONSTITUTIONALITY OF LEGAL ACTS CAUSING DISPUTES REGARDING
AUTHORITIES OF THE CONSTITUTIONAL BODIES OF STATE POWER OF UKRAINE, BODIES OF
THE AUTONOMOUS REPUBLIC OF CRIMEA AND BODIES OF LOCAL SELF-GOVERNMENT
Article
75
Grounds for Constitutional Petition
The grounds for
a constitutional petition shall be a dispute regarding authorities of the
constitutional bodies of state power of Ukraine, bodies of the Autonomous
Republic of Crimea and bodies of local self-government if one of the subjects
of the right to constitutional petition set forth in Article 40 of this Law
considers that legal acts set forth in item 1 Article 13 of this Law which establish
the authorities of the mentioned bodies do not conform with the Constitution of
Ukraine.
Article 76
Right to Participate in the Case
Every subject of the right
to constitutional petition set forth in Article 40 of this Law may apply to the
Constitutional Court of Ukraine with a constitutional petition concerning
authorities of the constitutional bodies of state power of Ukraine, bodies of
the Autonomous Republic of Crimea and bodies of local self-government at any
stage of constitutional proceedings if it considers that the decision of the
Constitutional Court of Ukraine on the case may influence the scope of their
authorities.
Article
77
The Resolutive Part of Decision
A conclusion concerning
the constitutionality of a legal act which establishes the authorities of the constitutional
bodies of state power of Ukraine, bodies of the Autonomous Republic of Crimea
and bodies of local self-government shall be provided in the resolutive part of
the decision of the Constitutional Court of Ukraine.
CHAPTER 11. PROCEEDINGS IN
CASES CONCERNING CONSTITUTIONALITY OF ACTS ON CALLING ELECTIONS, AN ALL-UKRAINIAN
REFERENDUM OR LOCAL REFERENDUM IN THE AUTONOMOUS REPUBLIC OF CRIMEA
Article
78
Term
for Filing a Constitutional Petition
A constitutional
petition for providing opinions concerning the constitutionality of the acts on
calling elections, an All-Ukrainian referendum or local referendum in the
Autonomous Republic of Crimea may be filed with the Constitutional Court of
Ukraine no later than one month from the day of the official announcement of
the date of calling, cancellation or delay in accordance with the established
procedure of elections, an all-Ukrainian referendum or local referendum in the
Autonomous Republic of Crimea.
Article
79
Subject
Matter of Consideration
The
Constitutional Court of Ukraine shall consider issues concerning
constitutionality of legal acts of the Verkhovna Rada of Ukraine, acts of the
President of Ukraine and legal acts of the Verkhovna Rada of the Autonomous
Republic of Crimea on calling elections, an All-Ukrainian referendum or local
referendum in the Autonomous Republic of Crimea.
Article
80
Participation
in Constitutional Proceedings
The Constitutional Court of
Ukraine may involve representatives of the bodies that called elections, an
All-Ukrainian referendum or a local referendum in the Autonomous Republic of
Crimea as well as the bodies vested with authorities to conduct elections or
referenda, a representative of the Central Election Commission and
representatives of the state bodies, bodies of local self-government or bodies
vested with authorities to conduct elections, referenda to participate in
consideration of a case.
Where necessary, the
Constitutional Court of Ukraine may involve representatives of political
parties and other associations of citizens to participate in consideration of a
case.
Article
81
Resolutive
Part of Decision
A conclusion concerning
the constitutionality of the acts on calling elections, an All-Ukrainian
referendum or a local referendum in the Autonomous Republic of Crimea shall be
provided in the resolutive part of the decision of the Constitutional Court of
Ukraine.
If these acts are recognised
as unconstitutional the decision of the Constitutional Court of Ukraine shall contain
a statement about termination of activities of all bodies established to
conduct respective elections or referenda, destruction of ballots, campaigning
materials, termination of financing elections or referenda and returning funds
that were transferred but not used to the State revenues.
CHAPTER 12. PROCEEDINGS IN
CASES CONCERNING CONFORMITY OF PROVISIONS OF EFFECTIVE LEGAL ACTS SET FORTH IN
ITEM 1 ARTICLE 13 OF THIS LAW WITH THE CONSTITUTIONAL PRINCIPLES AND NORMS
CONCERNING HUMAN AND CITIZEN’S RIGHTS AND FREEDOMS
Article
82
Grounds
for Raising the Issue on Initiation of Constitutional Proceedings
Grounds for raising the
issue on initiation of proceedings in a case concerning conformity of norms of
the effective legislation with the principles and norms of the Constitution of
Ukraine concerning human and citizen’s rights and freedoms shall be:
1) disputable questions concerning
constitutionality of laws and other legal acts adopted and promulgated in
accordance with the established procedure;
2) disputable questions concerning
constitutionality of legal acts revealed in the process of general court
proceedings;
3) disputable questions concerning
constitutionality of legal acts revealed by bodies of executive power during
their application and by the Authorised Human Rights Representative of the Verkhovna
Rada of Ukraine during his/her activities.
Article
83
Issues
of Constitutionality which Emerge during General Court Proceedings
If a dispute
concerning constitutionality of a norm of the law applied by the court arises in
the process of general court proceedings, the examination of the case shall be
suspended.
Under such circumstances,
constitutional proceedings in a case shall be initiated and the case shall be considered
by the Constitutional Court of Ukraine immediately.
CHAPTER 13. PROCEEDINGS IN
CASES CONCERNING CONSTITUTIONALITY OF LEGAL ACTS WHICH INCONSISTENTLY REGULATE
THE REALISATION OF THE CONSTITUTIONAL HUMAN AND CITIZEN’S RIGHTS AND FREEDOMS
Article
84
Subject
Matter of Constitutional Proceedings and Procedure for Their Initiation
The subject
matter of constitutional proceedings in cases concerning constitutionality of
norms of laws, which inconsistently regulate the realisation of the constitutional
human and citizen’s rights and freedoms shall be resolution of disputable
issues concerning constitutionality of norms of two or more laws or acts of
international law recognised as obligatory on the territory of Ukraine, which inconsistently
regulate realisation of the same constitutional rights and freedoms and thus
substantially restrict the possibilities of their exercise.
Article
85
Initiation
of Proceedings in Case and Contents of the Decision
Constitutional proceedings
in a case shall be initiated by subjects of the right to constitutional
petition set forth in Article 40 of this Law.
The decision of
the Constitutional Court of Ukraine shall determine norms of which law are
constitutional and norms of which law are unconstitutional and invalid.
CHAPTER 14. PROCEEDINGS IN
CASES UNDER ITEM 2
ARTICLE 13 OF THIS LAW
Article
86
Subject
Matter of Proceedings
The Constitutional Court of
Ukraine shall consider cases and provide opinions concerning the
constitutionality of:
1) international treaties of Ukraine that
are in force;
2) international treaties of Ukraine
submitted to the Verkhovna Rada of Ukraine for granting consent to their
binding nature.
Article
87
Providing
Opinions on Constitutionality of International Treaties that are in Force
Issues
concerning constitutionality of an international treaty that is in force shall
be considered by the Constitutional Court of Ukraine upon the constitutional
petition of the President of Ukraine, the Cabinet of Ministers of Ukraine.
When opinions on
non-conformity of an international treaty with the Constitution of Ukraine are
provided, the Constitutional Court of Ukraine within the same proceedings shall
resolve the issues concerning unconstitutionality of this treaty or separate
parts thereof.
Article 88
Providing Opinions on Constitutionality of
International Treaties Submitted to the Verkhovna Rada of Ukraine for Granting
Consent to their Binding Nature
Issues concerning
constitutionality of international treaties submitted to the Verkhovna Rada of Ukraine for granting consent to
their binding nature shall be considered by the Constitutional Court of Ukraine
upon the constitutional petition of the President of Ukraine, the Cabinet of
Ministers of Ukraine before adoption of a respective law by the Verkhovna Rada
of Ukraine.
Initiation of constitutional
proceedings in such cases shall entail suspension of consideration by the Verkhovna
Rada of Ukraine of the issue concerning granting consent to their binding nature.
Article
89
Consideration
of Cases Concerning Constitutionality of Legal Acts on Entry into Force of
International Treaties of Ukraine
Issues concerning
constitutionality of legal acts of the Verkhovna Rada of Ukraine, the President
of Ukraine or the Cabinet of Ministers of Ukraine on entry into force of
international treaties of Ukraine shall be considered by the Constitutional
Court of Ukraine in accordance with item 1 Article 13 upon constitutional
petitions of the subjects set forth in Article 40 of this Law.
During the consideration of
the case concerning constitutionality of a legal act stated in paragraph one of
this Article, the Constitutional Court of Ukraine at the same time shall provide
opinion on constitutionality of the international treaty of Ukraine that
entered into force under this legal act.
CHAPTER 15. PROCEEDINGS IN
CASES SET FORTH IN ITEM 3 ARTICLE 13 OF THIS LAW
Article
90
Initiation
of Constitutional Proceedings in Cases Concerning Observance of the
Constitutional Procedure for Investigation and Consideration of a Case on Removal
of the President of Ukraine from Office through Impeachment
The grounds for initiation
of constitutional proceedings in the case shall be a constitutional petition of
the Verkhovna Rada of Ukraine on the issue of providing an opinion concerning observance
of the constitutional procedure for investigation and consideration of the case
on removal of the President of Ukraine from office through impeachment.
The mentioned constitutional
petition of the Verkhovna Rada of Ukraine shall be supplemented with the
following documents and materials:
on initiation of
the issue on removal of the President of Ukraine from office through
impeachment;
on establishment
and activities of the special temporary investigation commission of the Verkhovna
Rada of Ukraine as well as opinions and proposals of this commission;
on consideration
of the opinions and proposals of the temporary investigation commission by the Verkhovna
Rada of Ukraine;
decision of the Verkhovna
Rada of Ukraine on bringing the accusation of state treason or another crime
against the President of Ukraine;
decision of the Verkhovna
Rada of Ukraine on applying to the Constitutional Court of Ukraine.
Article 91
Termination of Constitutional Proceedings
The voluntary
resignation of the President of Ukraine against whom accusation is brought shall
constitute grounds for termination of constitutional proceedings in the case.
The person shall be then brought
to legal responsibility under the general procedure.
Article
92
Opinion
of the Constitutional Court of Ukraine
The
Constitutional Court of Ukraine shall provide an opinion on the case concerning
observance of the constitutional procedure for investigation and consideration of
the case on removal of the President of Ukraine from office through impeachment
in accordance with paragraph six Article 111 of the Constitution of Ukraine.
CHAPTER 16. PROCEEDINGS IN
CASES SET FORTH IN ITEM 4 ARTICLE 13 OF THIS LAW
Article
93
Grounds
for Constitutional Petition
The grounds for a
constitutional petition for an official interpretation of the Constitution of
Ukraine and laws of Ukraine shall be the practical necessity of clarification,
explanation and official interpretation of provisions of the Constitution of
Ukraine and laws of Ukraine.
If constitutional proceedings
are initiated, the Constitutional Court of Ukraine shall notify the subjects of
the right to constitutional petition who applied with such a petition within
ten days.
Article
94
Grounds
for Constitutional Appeal
The grounds for
a constitutional appeal concerning official interpretation of the Constitution
of Ukraine and laws of Ukraine shall be dubious application of provisions of
the Constitution of Ukraine or laws of Ukraine by courts of Ukraine, other
state bodies, if the subject of the right to constitutional appeal considers it
may lead or has led to violation of his/her constitutional rights and freedoms.
Article
95
Resolutive
Part of Opinion of the Constitutional Court of Ukraine
Official interpretation of
provisions of the Constitution of Ukraine and laws of Ukraine which was
requested for in the constitutional petition or the constitutional appeal shall
be provided in the resolutive part of an opinion of the Constitutional Court of
Ukraine.
If during
interpretation of a law of Ukraine (separate provisions thereof) non-conformity
of this law of Ukraine (separate provisions thereof) with the Constitution of
Ukraine is established, the Constitutional Court of Ukraine shall decide on the
issue concerning the unconstitutionality of such a law in the same proceedings.
SECTION IV
FINAL AND TRANSITITIONAL
PROVISIONS
1.
This Law shall enter into force from the day of its
publication.
2.
After the entry of this Law into force, the Law of
Ukraine "On the Constitutional Court of Ukraine" dated June 3, 1992 with amendments adopted on February 4,
1993, and the Resolution of the Verkhovna Rada of Ukraine "On the Procedure
for Enactment of the Law of Ukraine “On the Constitutional Court of
Ukraine" dated June 3, 1992 shall lose their force.
3.
The jurisdiction of the Constitutional Court of
Ukraine concerning the conformity with the Constitution of Ukraine
(constitutionality) shall extend to:
1) laws of Ukraine except laws
of Ukraine on introducing amendments to the Constitution of Ukraine that
entered into force, 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, adopted after
the Constitution of Ukraine has entered into force;
(sub-item 1 item 3 Section IV as amended by the Law
No.79-V dated August 4, 2006)
(provision of sub-item 1 item 3 Section IV reading:
“except laws of Ukraine on introducing amendments to the Constitution of
Ukraine that entered into force” lost legal force due to its
unconstitutionality in accordance with the Decision of the Constitutional Court
of Ukraine No. 13-rp/2008 dated June 26, 2008)
2) laws of
Ukraine and other legal acts of the Verkhovna Rada of Ukraine and its bodies,
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 adopted before the Constitution of Ukraine
entered into force;
(jurisdiction of the Constitutional Court of
Ukraine concerning constitutionality of legal acts of the bodies of the
Verkhovna Rada of Ukraine extends only to normative acts of the Presidium of
the Verkhovna Rada of Ukraine adopted before enactment of the Constitution of
Ukraine in accordance with the Decision of the Constitutional Court of Ukraine
No. 2-zp dated June 23, 1997)
3)
All international treaties of Ukraine that are in force or those international
treaties submitted to the Verkhovna Rada of Ukraine for granting consent to
their binding nature.
4. The Constitutional Court of Ukraine shall
begin to accept constitutional petitions and constitutional appeals for consideration
from January 1, 1997.
5.
The session of the Verkhovna Rada of Ukraine
convened to swear in the Judges of the Constitutional Court of Ukraine shall take
place no later than one month after the first appointment of Judges of the
Constitutional Court of Ukraine.
6.
The first special plenary session of the
Constitutional Court of Ukraine for the election of the Chairperson of the
Constitutional Court of Ukraine shall be convened on the day the Judges who
constitute the competent composition of the Constitutional Court of Ukraine
take the oath.
This session
shall be conducted under the presidency of the oldest Judge of the
Constitutional Court of Ukraine.
7.
Until the issue of establishment of the Committees
of the Verkhovna Rada of Ukraine is resolved, the functions of the Committee of
the Verkhovna Rada of Ukraine set forth in paragraph two Article 7 of this Law shall
be performed by the Standing Commission of the Verkhovna Rada of Ukraine.
8.
The costs on the maintenance of the Constitutional
Court of Ukraine until January 1, 1997
shall be paid at the expense of the Verkhovna Rada of Ukraine and compensated from
the reserve fund of the Cabinet of Ministers of Ukraine.
9.
The Cabinet of Ministers of Ukraine within three
months after the day of entry into force of this Law shall provide the
Constitutional Court of Ukraine, its sub-divisions and services with a separate
building in Kyiv. It shall also provide equipment and resolve the issues of
financial, material and technical support of the operation of the Constitutional
Court of Ukraine.
President of
Ukraine
L.KUCHMA
City of Kyiv, October 16, 1996
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