DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of December 25, 2003 No. 22-rp/2003

On case on the constitutional representation of 53 and 47 People's Deputies of Ukraine on official interpretation of provision of part three of article 103 of the Constitution of Ukraine (case concerning terms of being the President of Ukraine)

Case No. 1-46/2003

NAME OF UKRAINE

Constitutional court of Ukraine as a part of judges of the Constitutional Court of Ukraine:

Selivon Nikolay Fedosovich - the chairman,

Voznyuk Vladimir Denisovich,

Evgrafov Pavel Borisovich,

Ivashchenko Vladimir Ivanovich,

Kostitsky Mikhail Vasilyevich,

Malinnikova Lyudmila Fiodorovna,

Nemchenko Vasily Ivanovich - the judge-speaker,

Wheaten Valery Grigoryevich,

Savenko Nikolay Dmitriyevich,

Victor Egorovich's buffoons,

Timchenko Ivan Artemyevich,

Silent Vladimir Pavlovich,

Tkachuk Pavel Nikolaevich,

Chubar Lyudmila Panteleevna,

Shapoval Vladimir Nikolaevich,

considered case on the constitutional representation of 53 and 47 People's Deputies of Ukraine on official interpretation of provision of part three of article 103 of the Constitution of Ukraine at plenary meeting.

The constitutional provision of 53 and 47 People's Deputies of Ukraine became reason for consideration of the case according to article 39 of the Law of Ukraine "About the Constitutional Court of Ukraine".

The basis for consideration of the case according to Articles 41, 93 Laws of Ukraine "About the Constitutional Court of Ukraine" are practical need for examination and official interpretation of provision of part three of article 103 of the Constitution of Ukraine.

Having heard the judge-speaker Nimchenko V. I. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation - 53 People's Deputies of Ukraine - appealed to the Constitutional Court of Ukraine with the petition to give official interpretation of provision of part three of article 103 of the Constitution of Ukraine according to which the same person cannot be the President of Ukraine more, than two terms in a row.

Authors of the petition consider that the restriction provided by part three of article 103 of the Constitution of Ukraine can be applied only concerning person who under this Constitution was twice elected the President of Ukraine, took the oath and performed the powers determined by this Fundamental Law of Ukraine during the constitutional term. Non-recognition of this restriction would mean provision of the existing Constitution of Ukraine of retroactive effect in time and 64 Constitutions of Ukraine would violate requirements of Articles 19, of 38, of 58,. Therefore there is need for official interpretation by the Constitutional Court of Ukraine of provision of part three of article 103 of the Constitution of Ukraine concerning whether it has retroactive effect in time, and whether the restriction for person elected the President of Ukraine with other legal status and powers to the introduction in operation of this Constitution provided by it extends.

2. Other person of law on the constitutional representation - 47 People's Deputies of Ukraine - also appealed to the Constitutional Court of Ukraine with the petition to give official interpretation of the specified provision of article 103 of the Constitution of Ukraine "regarding opportunity to be the elected President of Ukraine for the following term of the citizen Kuchma Leonid Danilovich who since June, 1994 holds post of the President of Ukraine".

3. The first board of judges of the Constitutional Court of Ukraine opened production in cases and combined them for consideration in one constitutional production.

4. During preparation of case for consideration on requests of the Constitutional Court of Ukraine the conclusions of the highest legal educational institutions and scientific institutions of Ukraine arrived.

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