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About The Constitutional Court Of Ukraine

Original Language Title: Про Конституційний Суд України

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C A C U A TO R S
(Law lost validity on the basis of the Law
N 422 /96-PL 16.10.96, VR, 1996, N 49, pp. 272)
Concerning the Constitutional Court of Ukraine

(Information of the Verkhovna Rada of Ukraine (VR), 1992, N 33, pp. 471)
(Entered by the Resolution of VR)
N 2401-XII ( 2401-12 ) from 03.06.92, VCE 1992, N 33, pp. 472)
(With changes under the Act)
N 2991a-XII 2991a 12 ) 04.02.93, ROVR, 1993, N 15, pp. 133)

Section I
GENERAL PROVISIONS

CHAPTER 1. STATUS OF THE CONSTITUTIONAL COURT OF UKRAINE
AND HIS MISSION.

Article 1. The Constitutional Court of Ukraine is the authority of the judiciary
1. The Constitutional Court of Ukraine is an independent body in the system
The judiciary to enforce laws,
other regulations of the legislative and executive bodies
Constitution of Ukraine, Protection of Constitutional Rights and Freedoms.
2. The Constitutional Court of Ukraine shall exercise its
by review in the judicial meeting on matters of constitutionality
laws and other regulations, and gives conclusions on the issues,
Under the Constitution of the 888-09 ) and this Act.
Article 2. Purpose and tasks of the Constitutional Court of Ukraine
1. The main objective of the activities of the Constitutional Court of Ukraine
ensuring constitutional rule and the rule of the Constitution
Ukraine.
2. The Jobs of the Constitutional Court of Ukraine is the
accordance with the Constitution of Ukraine of laws and other acts of organs
legislative and executive authority, as well as the surrender of
The cases stipulated by the Constitution of Ukraine and the Law.
Article 3. Legislation on the Constitutional Court of Ukraine
The powers of the Constitutional Court of Ukraine are determined
The Constitution of Ukraine and the Law. Organization and order
The Constitution of Ukraine is determined by the Constitution
Ukraine, the Law and Law of Ukraine on the Constitutional
Justice.
Article 4. Basic principles of the Constitutional Court
Ukraine
The Constitutional Court of Ukraine builds its activities on the basis of
principles: legality, independence, collegiality, competitive,
Publicity, completeness of the case and the obgruence of the
Decisions.
Article 5. Composition and order of establishment of the Constitutional Court
Ukraine
1. The Constitutional Court of Ukraine consists of Chairman, two
Deputy Chairman and 12 members of the Constitutional Court of Ukraine. 2. Judges of the Constitutional Court of Ukraine are elected by the Supreme Court
The Council of Ukraine for 10 years. At the end of the term of office
continues to fulfill its duties until the election of a new judge.
Reelection of the judge is not permitted. 3. In early sentencing, a new judge is elected not
Three months later. 4. Propositions about the personal composition of judges are served
Chairman of the Verkhovna Rada of Ukraine and President of Ukraine in equal
the number, by the weather. If the consent of the candidate is not reached
are presented in accordance with the Constitution of Ukraine. 5. Nominations of judges of the Constitutional Court of Ukraine
are pre-discussed at meetings of the Permanent Commissions of the Verkhovna Rada
For Ukraine. 6. Head, Deputy Chairman and every member of the Constitutional Court
The Court of Justice of Ukraine is elected in an individual order of secret
by voting by serving the ballots. (Part of Sixth Article 5 of the
changes under the Act N 2991a-XII ( 2991a 12 ) From
04.02.93)
CHAPTER 2. STATUS OF JUDGES OF THE CONSTITUTIONAL COURT OF UKRAINE

Article 6. Requirements for the Judge of the Constitutional Court of Ukraine
1. Before the Constitutional Court, Ukraine may be elected
A citizen of Ukraine, who has electoral rights, reached the day of election
not less than 40 years old and has a higher legal education, an age of practical,
scientific or pedagogical activities in the field of law not less than 15
Years. 2. Judges of the Constitutional Court of Ukraine cannot be
People's deputies of Ukraine, belong to any political parties.
parties and movements, enter the composition of the State Executive
power, other state bodies, to be occupied by an entrepreneur and another
activities other than teaching and scientific in the free of time.
Article 7. Jury of the Constitutional Court of Ukraine
1. Judge of the Constitutional Court of Ukraine upon accession
brings an oath of this content: " I solemnly swear honestly and
Conscientiously fulfilling the high duty of judges of the Constitutional Court
Ukraine, respect and protect the rights and freedoms of the person,
the constitutional order of Ukraine and the rule of its Basic Law,
"Save the Secret Service". 2. The oath of office is held by the Chairman of the Verkhovna Rada
Ukraine at the plenary meeting of the Verkhovna Rada of Ukraine.
Article 8. Judges of the Constitutional Court of Ukraine
1. Judges of the Constitutional Court of Ukraine undertake training
See the Court of Justice. 2. Judges of the Constitutional Court of Ukraine have the right to extract
from public bodies, local and regional bodies
self-government, institutions, organizations, businesses, their
Officials, the associations of citizens of any documents and other
information relating to the question that is preparing to consider in
Court and also to hear from these issues an explanation of the relevant
Officers. Eviction of issuance of documents, presentation of information or
The abandonment of the Court's explanation is persecuted by the Act. 3. Judges of the Constitutional Court of Ukraine enjoy the right
decisive vote in decision making and regulation
Conclusions. 4. Judges of the Constitutional Court of Ukraine have no right to publicly
to express their opinion on matters of unconstitutionality or
The illegality of acts that are subject to the trial of the Court.
Article 9. Head of the Constitutional Court of Ukraine
1. To the President of the Constitutional Court of Ukraine
Includes: (1) Organization of the activities of the Constitutional Court of Ukraine; 2) guidance of the preparation of cases and other matters before consideration
At the meeting of the Constitutional Court of Ukraine; (3) Convocation of the Constitutional Court of Ukraine for its own
an initiative or an offer of no less than five judges
The Constitutional Court, issued on its consideration of issues and
Chairmanship of the Constitutional Court; (4) Informing of the Verkhovna Rada of Ukraine on the state of
Constitutional rule in Ukraine; (5) Organization of the work of the apparatus of the Constitutional Court of Ukraine; 6) submission to the approval of the Constitutional Court of Ukraine
The candidature of the Secretary of the Constitutional Court; 7) reception and release of assistant consultants and others
of the Constitution of the Constitution of Ukraine, edition
Appropriate orders and orders; 8) to carry out other powers in accordance with the legislation
The Constitutional Court of Ukraine.
2. The Head of the Constitutional Court of Ukraine
Budgetary arrangements for maintenance and maintenance of activities
Constitutional Court of Ukraine.
Article 10. List of Deputy Chairman of the Constitutional Court of Ukraine
1. Deputy Head of the Constitutional Court of Ukraine performs
To the President of the Constitutional Court
Entering the Head in case of his absence or impossibility
To make his own powers. 2. In case the Deputy Chairman of the Constitutional Court of Ukraine
Carry out the duties of the Chairman and in connection with this cannot carry out
its functions, the execution of his duties moves to the oldest
of the Constitutional Court.
Article 11. Secretary Of The Constitutional Court Of Ukraine
1. The Secretary of the Constitutional Court of Ukraine is elected for
Meeting of the Constitutional Court for five years
members of the Constitutional Court for one month on election day
the first of the Court or the opening of a vacancy. 2. The Secretary of the Constitutional Court of Ukraine enjoys rights
and is responsible for the Justices of the Constitutional Court. 3. Powers Of The Secretary Of The Constitutional Court Of Ukraine
"The Constitution of the Court of Justice".
Article 12. Early termination of the person elected
to the Constitutional Court of Ukraine
1. Powers of the Justice of the Constitutional Court of Ukraine
Terminated due to: (1) His request to resign; (2) The loss of citizenship; (3) The achievement of the 65-year-old age; (4) In violation of the oath; 5) to violate the requirements specified in part 2 of Article 6
This Act; (6) by hanging from him the indictment of the court, which
To take effect
2. The decision to end the authority of the Constitutional Court
The Verkhovna Rada of Ukraine accepts the Verkhovna Rada of Ukraine for the publication of its Chairman.
Article 13. Termination of powers of the Chairman, Vice-Chairmen
Constitutional Court of Ukraine
1. At the presence of the request of the Chairman, the Deputy Chairman of the
may be released from this position that does not deprive them of
The President of the Constitutional Court of Ukraine.
2. In case of discontinuation of the persons listed in the
the first of this article, the election to these positions is carried out in order,
By the Law.
CHAPTER 3. POWERS OF THE CONSTITUTIONAL COURT OF UKRAINE
Article 14. Proceedings considered by the Constitutional Court
Ukraine
1. The Constitutional Court of Ukraine adopts its proceedings
Case of the Constitution: 1) the current laws of Ukraine and other acts adopted by the Supreme Court
The Council of Ukraine; (2) Accepted, but not put into the action of laws and other acts
Verkhovna Rada of Ukraine.
2. The Constitutional Court of Ukraine is also considering
The inconsistency of the Constitution and laws of Ukraine: 1) the decrees and orders of the President of Ukraine; (2) The decrees of the Presidium of the Verkhovna Rada of Ukraine; 3) laws and other acts adopted by the Verkhovna Rada
The Republic of Crimea and its Presidency; (4) Orders and orders of the Cabinet of Ministers of Ukraine and
Council of Ministers of the Republic of Crimea.
3. The Constitutional Court of Ukraine is also considering the case,
associated with: 1) in violation of the competence of the authorities and the persons of the public authority,
The Constitution of Ukraine; 2) in violation of the distribution of the established Constitution of Ukraine and
The Constitution of the Republic of Crimea competence of the local councils of different
levels, as well as the competence of local councils and state bodies
Executive; 3) the legality of the appointment of elections and referendums.
4. The subject of consideration by the Constitutional Court of Ukraine may
to be involved in the recognition of the non-valid regulatory acts adopted by
legislative and executive authorities identified in the
The Constitution of Ukraine, with the violation of the procedure of their acceptance,
The Constitution of Ukraine. 5. Prior to the competence of the Constitutional Court of Ukraine
Proceedings concerning the inconsistency of the Constitution of Ukraine and
an international act recognized by Ukraine, any law or other
a normative act that violates constitutional rights and freedoms
Yes. 6. The Constitutional Court of Ukraine examines the disputes between
National and territorial entities of Ukraine
to the Constitution of Ukraine and the Constitution
Republic of Crimea. 7. Constitutional Court of Ukraine for the Council of the Verkhovna Rada
Ukraine gives the conclusion of the President, the Prime Minister
and other members of the Government, the Head of the Supreme Court, the Chairman of the Higher
the Court of Arbitration, the Attorney General of Ukraine, and
diplomatic and other representatives of the Constitution of Ukraine and
laws of Ukraine in case of a violation of the question of early termination
their authority. 8. The Constitutional Court of Ukraine gives the conclusion of compliance
The Constitution of Ukraine of the international treaties and agreements submitted to
The Verkhovna Rada of Ukraine to ratify it. 9. The Constitutional Court of Ukraine considers the question of
constitutionality of activities and forced dissolution (liquidation)
political parties, international and all-Ukrainian public
organizations operating in Ukraine. 10. The competence of the Constitutional Court of Ukraine does not extend
to decide, expo, kill, ordinances of judicial organs, and
the regulations of the previous investigation and the prosecutor ' s office on
Specific cases.
CHAPTER 4. LEGAL BASIS FOR THE CONSTITUTIONAL COURT
Ukraine
Article 15. The right to question the Constitutional Court
Court of Ukraine
The right to question the Constitutional Court
Ukraine enjoys: President of Ukraine; Chairman of the Verkhovna Rada of Ukraine; One fifth of the people's deputies of Ukraine from the general assembly
The Verkhovna Rada of Ukraine established by the Constitution of Ukraine; The Permanent Commission of the Verkhovna Rada of Ukraine; The Supreme Council of the Republic of Crimea; Cabinet of Ministers of Ukraine; The Council Of Ministers Of The Republic Of Crimea; The Supreme Court of Ukraine; Supreme Court of Arbitration of Ukraine; Prosecutor General of Ukraine; The Commissioner of the Verkhovna Rada of Ukraine on Human Rights.
Article 16. Failure to Act in the Constitutional Court
Court of Ukraine
The Constitutional Court of Ukraine refuses to violate the proceedings
if the statement is not subject to consideration in the Constitutional Court, as well as
if it is provided by a non-lying body or a non-lying landing
Special.
Article 17. Providing full review of the case
Constitutional Court Of Ukraine
1. Constitutional Court of Ukraine for the conduct of judicial affairs and
The conclusions of the conclusions have the right to derive from the legislative and
executive power, the union of citizens and individual citizens any
documents and other information relating to the case, which
In his failure. 2. The Constitutional Court of Ukraine has the right to call witnesses,
experts, officials and other persons participating in the
Objective and full consideration of the case. 3. The refusal of officials of public bodies and public
organizations, as well as citizens from the turnout in court and submission
Constitutional Court of Ukraine of the necessary documents and other
information, as well as the message of untrue data or intentional
The hiding of them entails the responsibility of the legislation.
Article 18. Constitutional Court of Ukraine
1. In the session of the Constitutional Court of Ukraine, heads the Head
A constitutional court or deputy. The Constitutional Court
The court is legal if there are at least two thirds of the roster
A court defined in the Constitution of Ukraine. 2. The Session of the Constitutional Court of Ukraine is held
open and smooth except when it contradicts the interests
State. The participants in the trial are reported about an hour
-Yes. 3. The meeting of the Constitutional Court of Ukraine may take
The President of Ukraine, Chairman of the Verkhovna Rada of Ukraine and his
Deputies, heads of permanent commissions of the Verkhovna Rada of Ukraine,
Head of the Supreme Court of Ukraine, Chairman of the Supreme Arbitration Court
Ukraine, Minister of Justice of Ukraine, Prosecutor General of Ukraine,
The Commissioner of the Verkhovna Rada of Ukraine on Human Rights. At the meeting
The court may participate as well as a violation of constitutional law.
the right to be treated.
Article 19. The brink of dealing with the case of the Constitutional Court
Ukraine
1. The Constitutional Court of Ukraine makes decisions on matters of
In a statement on a regulatory act or individual regulations,
the constitutionality or legality of which is subject to doubt. 2. If a mismatch occurs when a case is considered
other regulations or acts that are in the course of the case
Having been evaluated by the Constitutional Court of Ukraine, he has made a decision
concerning non-constitutionality or inconsistencies of the laws of the act or its
Specific rules. 3. Part of the act, not considered unconstitutional or illegal,
remains valid unless otherwise stated in the solution
Constitutional Court of Ukraine.
CHAPTER 5. DECISIONS AND CONCLUSIONS OF THE CONSTITUTIONAL COURT OF UKRAINE
Article 20. Requirements for decisions and conclusions of the Constitutional Court
Court of Ukraine
1. The decision of the Constitutional Court of Ukraine should contain
answer questions about match or discrepancy
The Constitution of Ukraine and the international acts ratified by Ukraine,
Considering the Court of Acts. 2. The decision of the Constitutional Court of Ukraine should be
Motivated and staged by open voting at the meeting
most votes from the general composition of the judges defined in
Constitution of Ukraine. Judges have no right to refrain from
Voting. 3. The solution is taught in writing,
signed to all present at the relevant meeting of the compound
The Constitutional Court of Ukraine is proclaimed publicly and is
Final. 4. The decision of the Constitutional Court of Ukraine may be revised
only the Constitutional Court itself on demand of at least two-thirds of the
Total number of judges. 5. The conclusions of the Constitutional Court of Ukraine are accepted
Majority vote of judges of the Constitutional Court
The courts and must meet the requirements stipulated by parts first,
Second, third of this article. The conclusion of the Constitutional Court of Ukraine may be reviewed
only the Constitutional Court itself on demand of at least two-thirds of the
Total number of judges.
Article 21. Individual opinion of the Justice of the Constitutional Court of Ukraine
Judge of the Constitutional Court of Ukraine, disagree with the decision or
the conclusion of the Constitutional Court, has the right to teach its own
mind in writing that is added to the decision or conclusion
The Court of Justice is a part of it.
Article 22. Decision-making of the Constitutional Court of Ukraine
1. The decision of the Constitutional Court of Ukraine shall be subject to
Unconditional execution by all state bodies, organs
local and regional government, institutions,
organizations, businesses, their officials, the associations
Citizens and citizens. 2. Constitutional Court of Ukraine in case of non-compliance with laws
whether other regulations or their individual provisions of the Constitution and
laws of Ukraine or properly laid down and ratified
international treaties and agreements recognize them not valid from the moment
I don't want to be 3. The relations arising from the non-legal act
are governed by the body that took such an act, and in the case of
Failure-for its ability to clone the competent vigorously
Organ.
Article 23. Responsibility for failing to make a decision
Constitutional Court of Ukraine
Failure to comply with the decision of the Constitutional Court of Ukraine
The responsibility of the law.
Chapter II
ORGANIZATION OF WORK
CONSTITUTIONAL COURT OF UKRAINE
CHAPTER 6. TO ENSURE THE ACTIVITIES OF THE CONSTITUTIONAL COURT OF UKRAINE
Article 24. Financing Of The Constitutional Court Of Ukraine
The Constitutional Court of Ukraine is funded from the state budget
Ukraine is a separate line. Funding volume set
The Verkhovna Rada of Ukraine on the publication of the President of the Constitutional Court.
Article 25. Publication of acts and other materials
Constitutional Court of Ukraine
The decisions and conclusions of the Constitutional Court of Ukraine are published
in the "Statements of the Verkhovna Rada of Ukraine" by a separate section
"The Constitutional Court of Ukraine" and in the newspaper "Voice of Ukraine".
Article 26. Foundations of the Failure of Constitutional Procedure
The legal basis for the failure of constitutional proceedings is
Constitution of Ukraine, this Law and the Constitutional Law
Justice in Ukraine.
Article 27. Time Rules Of The Constitutional Court Of Ukraine
1. Internal matters of the Constitution of the Constitution of Ukraine,
its Secretariat, order of business, staff requirements
Constitutional Court and Rules of Internal Order
are defined by the Constitutional Court, which is approved by the
Constitutional Court and published. 2. Regulations of the Constitutional Court of Ukraine and other regulations
The acts governing the activities of the Court are derived norms and are not
may conflict with the current laws or change the essence of the proceedings
Constitutional courts.
CHAPTER 7. CONSTITUTIONAL COURT OF UKRAINE
Article 28. Secretariat Of The Constitutional Court Of Ukraine
1. Organizational, information-help and other work on
To serve the Constitutional Court of Ukraine
The Constitutional Court, which acts under the leadership of the Registrar
Constitutional Court. 2. Regulations concerning the Secretariat of the Constitutional Court of Ukraine,
its structure and states within the allocated budget are approved
President Of The Constitutional Court. 3. Head Of The Secretariat Of The Constitutional Court Of Ukraine
Appointed by the Chairman of the Constitutional Court and performs the following functions: Exercise the immediate guidance of the Secretariat
The Constitutional Court, develops and delivers the approval of the Chairman
Constitutional Court of Ukraine provisions for the departments and services
The Secretariat controls their execution; Provides organizational support for meetings
The Court of Justice,
signs it and the decision of the Constitutional Court, carrying
responsible for their authenticity.
Chapter III
GUARANTEES OF THE JUDGES ' ACTIVITIES
CONSTITUTIONAL COURT OF UKRAINE
CHAPTER 8. GUARANTEES OF JUDGES OF THE CONSTITUTIONAL COURT OF UKRAINE
Article 29. Independence Of The Constitutional Court Of Ukraine
1. Constitutional Court of Ukraine and its Judges
Activity is independent, enjoy all of the full authority,
the Constitution of Ukraine and the Law. Judges
The Constitutional Court, in the execution of his duties, is subject to
The Constitution of Ukraine. 2. Any interference in the activities of the Constitutional Court
Ukraine is not allowed and engages in responsibility,
By law.
Article 30. Immunity of judges of the Constitutional Court
Ukraine
1. The judges of the Constitutional Court of Ukraine are distributed
The guarantee of the inviolability established for the People's Deputies
Ukraine. They may be deprived of her only by the consent of the Supreme
For Ukraine. 2. Judges of the Constitutional Court of Ukraine cannot be
drawn to any responsibility for expressing their opinions.
or voting when considering cases and decision making in
Constitutional Court. 3. The powers of judges of the Constitutional Court of Ukraine and their
Civil rights may not be limited at the introduction of
The military or the state of emergency. 4. Judges of the Constitutional Court of Ukraine cannot be
Prosecuted, arrested or prosecuted.
subjected to any other measures limiting their rights and
Freedom, as well as the administrative
put in court order, without prior consent of the Supreme Court
For Ukraine.
Article 31. Social and domestic support of judges
Constitutional Court of Ukraine
1. Judges of the Constitutional Court of Ukraine for his service
receive wages whose size is set by the Supreme Court
Council of Ukraine. 2. Judge of the Constitutional Court of Ukraine, which has no housing in the
the city of Kiev or needs an improvement of residential conditions, not later
six months after his election is granted orderly housing
In accordance with housing legislation.
CHAPTER 9. SYMBOLS, LOCATION AND PRINT
CONSTITUTIONAL COURT OF UKRAINE
Article 32. Symbols of the judiciary of the Constitutional Court of Ukraine
1. In the meeting room of the Constitutional Court of Ukraine
image of State coat of arms of Ukraine and established by the State
flag of Ukraine.
2. Judges of the Constitutional Court of Ukraine are issued certificates,
A coarse sign and a mantia sample of which are approved by the Bureau
Verkhovna Rada of Ukraine.
Article 33. Location of the Constitutional Court of Ukraine
The locality of the Constitutional Court of Ukraine is the city of Kiev.
Article 34. Seal of the Constitutional Court of Ukraine
The Constitutional Court of Ukraine has a seal with the image
State coat of arms of Ukraine and its name.

President of Ukraine
Um ... Kiev, 3 June 1992
N 2400-XII