DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of May 22, 2008 No. 10-rp/2008

On case on the constitutional representation of the Supreme Court of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of separate provisions of Article 65 of the Section I, Items 61, 62, 63, the 66th Section II, Item 3 of the Section III of the Law of Ukraine "About the Government budget of Ukraine for 2008 and about modification of some legal acts of Ukraine" and 101 People's Deputy of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of Article 67 of the Section I, Items 1-4, 6-22, 24-100 of the Section II of the Law of Ukraine "About the Government budget of Ukraine for 2008 and about modification of some legal acts of Ukraine" (case concerning subject and contents of the law on the Government budget of Ukraine)

Case No. 1-28/2008

Constitutional court of Ukraine consisting of judges:

Strizhak Andrey Andreevich - the chairman,

Brintsev Vasily Dmitriyevich,

Golovin Anatoly Sergeyevich,

Dzhunya Vyacheslav Vasilyevich,

Didkovsky Anatoly Aleksandrovich,

Dombrovsky Ivan Petrovich,

Kamp Vladimir Mikhaylovich,

Mikhail Ivanovich's ear,

Lilak Dmitry Dmitriyevich - the speaker,

Machuzhak Yaroslava Vasilyevna,

Stetsyuk Pyotr Bogdanovich,

Tkachuk Pavel Nikolaevich,

Shishkin Victor Ivanovich,

with the assistance of representatives of persons of law on the constitutional representation of Havronyuk Nikolay Ivanovich - the deputy manager of the office of the Supreme Court of Ukraine - the chief of legal department, Elena Leonidovna and Miroshnichenko Yury Romanovich's Lukash - People's Deputies of Ukraine; the representative of Judicial council of Ukraine Gumenyuk Vasily Ivanovich - the vice-chairman of Judicial council of Ukraine, the judge of the Supreme Court of Ukraine; Permanent representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine Selivanov Anatoly Aleksandrovich; representatives of the Cabinet of Ministers of Ukraine: Kondik Pavel Mikhaylovich - the deputy minister of the Cabinet of Ministers of Ukraine, Matviychuk Vladimir Makarovich - the Deputy Minister of Finance of Ukraine,

considered at plenary meeting case on the constitutional representation of the Supreme Court of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of separate provisions of Article 65 of the Section I, Items 61, of 62, of 63, of the 66th Section II, Item 3 of the Section III of the Law of Ukraine "About the Government budget of Ukraine for 2008 and about modification of some legal acts of Ukraine" of December 28, 2007 N 107-VI (In? домост? Verkhovno ї For the sake of Ukra§ni, 2008, NN 5-8, of the Art. 78) and 101 People's Deputy of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of Article 67 of the Section II, Items 1-4, 6-22, 24-100 of the Section II of the Law of Ukraine "About the Government budget of Ukraine for 2008 and about modification of some legal acts of Ukraine".

Reason for consideration of the case according to Articles 39, 40 Laws of Ukraine "About the Constitutional Court of Ukraine" are the constitutional representation of the Supreme Court of Ukraine and 101 People's Deputies of Ukraine.

The basis for consideration of the case according to Articles 71, 82 Laws of Ukraine "About the Constitutional Court of Ukraine" are availability of dispute on constitutionality of the specified provisions of the Law of Ukraine "About the Government budget of Ukraine for 2008 and about modification of some legal acts of Ukraine".

Having heard the judge-speaker Lilak D. D., Havronyuk M. I. explanations., Gumenyuka V. I., Lukash O. L., Miroshnichenko Yu. R., Selivanova A. O., Kondika P. M., Matviychuka V. M. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation - the Supreme Court of Ukraine - appealed to the Constitutional Court of Ukraine with the petition concerning check on compliance of the Constitution of Ukraine (constitutionality) of separate provisions of Article 65 of the Section I, Items 61, of 62, of 63, of the 66th Section II "Modification of some legal acts of Ukraine" (further - the Section II), Item 3 of the Section III "Final provisions" (further - the Section III) the Law of Ukraine "About the Government budget of Ukraine for 2008 and about modification of some legal acts of Ukraine" of December 28, 2007 N107-VI (further - the Law) concerning guarantees of independence and legal security of judges, and also guarantees of household providing and level of social protection of workers of the office of courts.

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