DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of December 13, 2001 No. 18-rp/2001

On the case of the constitutional representation of People's Deputies of Ukraine about compliance of the Constitution of Ukraine (constitutionality) of provisions of the paragraph of the fourth of Article 2, Article parts two 6, parts one, the second article 10 of the Law of Ukraine "About youth and children's public organizations" (case on the youth organizations)

Case No. 1-43/2001

NAME OF UKRAINE

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

Victor Egorovich's buffoons - the chairman,

Voznyuk Vladimir Denisovich,

Evgrafov Pavel Borisovich,

Ivashchenko Vladimir Ivanovich,

Kozyubra Nikolay Ivanovich,

Korniyenko Nikolay Ivanovich,

Kostitsky Mikhail Vasilyevich,

Malinnikova Lyudmila Fiodorovna,

Mironenko Alexander Nikolaevich,

Nemchenko Vasily Ivanovich,

Rozenko Vitaly Ivanovich,

Savenko Nikolay Dmitriyevich,

Selivon Nikolay Fedosovich,

Silent Vladimir Pavlovich,

Chubar Lyudmila Panteleevna,

Shapoval Vladimir Nikolaevich,

Yatsenk Stanislav Sergeyevich - the judge-speaker,

with the assistance of the representative of the person of law on the constitutional representation Petrov Oleg Vladimirovich - the People's Deputy of Ukraine, representatives of the Verkhovna Rada of Ukraine: Misyura Vadim Yaroslavovich - the People's Deputy of Ukraine, the chairman of subcommittee of Committee of the Verkhovna Rada of Ukraine concerning youth policy, physical culture, sport and tourism, Selivanov Anatoly Aleksandrovich - the Permanent representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine, and also attracted to participate the Constitutional Court of Ukraine in consideration of the case of the representative of the Ministry of Justice of Ukraine Gorbunova Lidiya Nikolaevna - the Deputy State secretary of the Ministry of Justice of Ukraine; representatives of the State committee of youth policy, sport and tourism of Ukraine: Tsibukh Valery Ivanovich - the Chairman of the State committee of youth policy, sport and tourism of Ukraine, Bezulik Tatyana Vladimirovna - the first deputy director of State department of youth and family policy of the State committee of youth policy, sport and tourism of Ukraine, Klyashtorny Alexey Nikolaevich - the chairman of the Union of youth public organizations "Youth Parliament of Ukraine", representatives of the Ukrainian National Committee of the Youth Organizations (UNCYO) Kirilenko Vyacheslav Anatolyevich - the People's Deputy of Ukraine, the board member of UNKMO, Lyalki Alexander Lyubomirovich - the vice-chairman of UNKMO; the witness Priyanchuk Igor Vasilyevich - the chairman of the Union of young lawyers of Ukraine,

considered at plenary meeting case on the constitutional representation of People's Deputies of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of the paragraph of the fourth of Article 2, to Article part two 6, of parts one, the second article 10 of the Law of Ukraine "About youth and children's public organizations" of December 1, 1998 N 281-XIV (In? домост? Verkhovno ї For the sake of Ukra§ni, 1999, N 1, the Art. 2).

Reason for consideration of the case according to Articles 39, 40 Laws of Ukraine "About the Constitutional Court of Ukraine" became the constitutional representation of fifty 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 compliance of the Constitution of Ukraine (constitutionality) of separate provisions of the Law of Ukraine "About youth and children's public organizations".

Having heard the judge-speaker Yatsenko S. S., explanations Bezulik T. V., Gorbunova L. M., Kirilenko V. A., Klyashtorny O. M., Lyalki O. L., Misyura V. Ya., Petrova O. V., Priyanchuk I. V., Selivanova A. O., Tsibukh V. I. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation appealed to the Constitutional Court of Ukraine with the petition to recognize unconstitutional provisions of the paragraph of the fourth Article 2, Article parts two 6, parts two of article 10 of the Law of Ukraine "About youth and children's public organizations" of December 1, 1998 N 281-XIV (further - the Law). People's Deputies of Ukraine consider that the challenged provisions, namely: about "illegal determination by the Law of Ukraine of the Ukrainian national committee of the youth organizations as union through which the state financial support of activities of youth and children's public organizations", concerning coordination of UNKMO of youth movement, about combination of the majority by this union youth and children's public организацийпротиворечат to "the principles of equality of public organizations stated in parts four and the fifth article 36 of the Constitution of Ukraine" is performed. During consideration of the case at plenary meeting the representative of the person of law on the constitutional representation expressed doubt concerning compliance of the Constitution of Ukraine also of provision of part one of article 10 of the Law.

In the letter of the Chairman of the Verkhovna Rada of Ukraine to the Constitutional Court of Ukraine and explanations of her representatives it is specified that the Law of Ukraine "About youth and children's public organizations" does not determine UNKMO as the union through which the financial support of activities of the youth and children's organizations and therefore does not contradict the provisions stated in parts four, the fifth article 36 of the Constitution of Ukraine is performed. In the Law the status of this consolidation which answers the constitutional legal regime of functioning of associations of citizens is determined. It does not limit the right of other All-Ukrainian youth organizations which are not members of UNKMO and does not deprive of them the right to create any associations, the unions and to coordinate youth movement according to their authorized tasks. The essence of explanations of representatives of the Ukrainian national committee of the youth organizations about compliance of the Constitution of Ukraine of the challenged provisions of the Law matches with the stated above reasons for their constitutionality.

According to the representative of the Ministry of Justice of Ukraine, the provision of the paragraph of the fourth of article 2 of the Law which establishes the name of the union (The Ukrainian national committee of the youth organizations) which combines most legalizirovanny youth and children's public organizations limits the right to unite to most youth and children's public organizations in the union under other name. Representatives of the State committee of youth policy, sport and tourism of Ukraine actually supported line item of the person of law on the constitutional idea of discrepancy of the Constitution of Ukraine of the challenged Law provisions. About violation of the rights of the youth and children's organizations which are not part of UNKMO also the witness who is attracted to participate the Constitutional Court of Ukraine in consideration of the case offered explanations.

2. Solving dispute, the Constitutional Court of Ukraine proceeds from it.

The constitution of Ukraine establishes initial the principle of civil society: "Public life in Ukraine is based on bases political, economic and ideological variety" (Article part one 15). Considering that the right to liberty of consolidation is one of the basic political rights of citizens, the principle of variety of public life is starting in determination of bases of realization of this constitutional right and establishment of institutes of civil society which component are various associations of citizens which represent certain ideological and other views, the interests of different social groups and individuals.

Part one of article 36 of the Constitution of Ukraine guarantees to citizens consolidation right to liberty, including in public organizations, for implementation and protection of the rights and freedoms and satisfaction of political, economic, social, cultural and other interests. Freedom of consolidation means, in particular, legal and actual opportunity voluntarily, without coercion or preliminary permission to form associations of citizens or to enter them. According to part four of article 36 of the Constitution of Ukraine nobody can be forced to the introduction in any consolidation of citizens.

Education by associations of citizens, in particular public organizations, the unions among themselves (as consolidation forms) is based on realization of the appropriate right by citizens who are members of these organizations.

Article 1 of the Constitution of Ukraine proclaimed Ukraine the democratic, social, constitutional state. The social state shall provide development and support of members of society, public institutes, including through the target direction of expenses "on all-public requirements" (part two of article 95 of the Constitution of Ukraine).

Debt of the constitutional state is, in particular, non-interference both to realization by citizens of right to liberty of consolidation, and to activities of the consolidation, "except for the restrictions established by the law for the benefit of homeland security and public order, health care of the population or protection of the rights and freedoms of other people" (part one of article 36 of the Constitution of Ukraine). Thereby the Constitution of Ukraine established borders of intervention of the state in realization of the right of citizens to freedom of consolidation. The Item 11 parts one of article 92 of the Constitution of Ukraine provides that only the laws determine "bases of education and activities... associations of citizens". Others (which are not the most general) questions of realization of right to liberty of consolidation in civil society are not subject to state regulation and shall be solved at the discretion of his members.

3. The paragraph the fourth article 2 of the Law contains the formulation: "The Ukrainian national committee of the youth organizations - the union which combines most the legalizirovanny All-Ukrainian youth and children's organizations, and also regional, the Autonomous Republic of Crimea, the Kiev and Sevastopol city associations of youth and children's public organizations".

The constitutional court of Ukraine considers that this provision of the Law which determines the specific union which combines most youth and children's public organizations breaks the constitutional principle of variety of public life as fixes the exclusive exclusive status of one of the unions of the corresponding associations of citizens.

Besides, legislative anticipation of combination of most legalizirovanny youth and children's public organizations does not answer the constitutional regulations on freedom of consolidation. The actual combination of most such organizations is possible, but shall happen out of state regulation only based on realization by citizens of right to liberty of consolidation, i.e. on the basis of free declaration of will of members of these public organizations.

Therefore the provision of the paragraph of the fourth of article 2 of the Law which provides combination of most legalizirovanny youth and children's public organizations in specifically certain union shall be acknowledged unconstitutional.

4. By part two of article 6 of the Law it is determined. "The youth movement in Ukraine is coordinated by the Ukrainian national committee of the youth organizations which is independent non-governmental organization and has the status of the All-Ukrainian union of youth and children's public organizations".

Thereby the state determined UNKMO the coordinator of youth movement in Ukraine and determined the authorized purposes of this consolidation of citizens (the unions of such associations) that not only contradicts the principle of variety of public life, but also violates consolidation right to liberty, in particular possibility of free determination by participants of associations of citizens of the lawful purposes of their education and methods of activities according to part one of article 36 of the Constitution of Ukraine.

Therefore provision of part two of article 6 of the Law by which the Ukrainian national committee of the youth organizations by the state is determined as the coordinator of youth movement in Ukraine: "The youth movement in Ukraine is coordinated by the Ukrainian national committee of the youth organizations..., - it shall be acknowledged such which does not answer the Constitution of Ukraine.

5. The part two of article 10 of the Law provides: "The financial support of activities of youth and children's public organizations is performed through relevant organs of the executive authority which work with youth, local government bodies and the union of All-Ukrainian youth public organizations".

This provision has direct connection with regulation of part one of the same Article where such union is determined. In it it is specified: "The Verkhovna Rada of Ukraine in case of approval of the Government budget of Ukraine provides in it separately expenses on support of the union which members are most the registered All-Ukrainian youth and children's public organizations, and also regional, the Autonomous Republic of Crimea, the Kiev and Sevastopol city unions of youth and children's public organizations which activities are aimed at providing social formation and development of young citizens".

I.e. provisions of parts one, the second article 10 of the Law on financial support of activities of youth and children's public organizations, including by expenses from the Government budget of Ukraine, provide participation in direct receipt of financial support from the state only "the union which members are most the registered All-Ukrainian youth and children's public organizations, and also regional, the Autonomous Republic of Crimea, the Kiev and Sevastopol city unions of youth and children's public organizations" or "the union of All-Ukrainian youth public organizations".

Therefore, in that case one union of youth and children's public organizations determined in article 10 of the Law has the right to financial support. Thereby the right of citizens to freedom of consolidation as those associations of citizens which are not part of the union which combines most the registered youth and children's public organizations are limited in the right to financial support is indirectly violated. It is also indirect coercion of the registered youth and children's public organizations which intend to get financial support, to the accession to the specified union.

Therefore shall be acknowledged unconstitutional Law provisions according to which: The Verkhovna Rada of Ukraine in case of approval of the Government budget of Ukraine provides in it expenses on support only "the union which members are most the registered All-Ukrainian youth and children's public organizations, and also regional, the Autonomous Republic of Crimea, the Kiev and Sevastopol city unions of youth and children's public organizations" (Article part one 10); the financial support of activities of youth and children's public organizations is performed through one ". union of All-Ukrainian youth public organizations" (Article part two 10).

Based on stated and being guided by Articles 147, of 150, 152 Constitutions of Ukraine, Articles 51, of 61, of 63, of 65, 73 Laws of Ukraine "About the Constitutional Court of Ukraine", the Constitutional Court of Ukraine solved:

1. Recognize such which do not answer the Constitution of Ukraine (are unconstitutional), such provisions of the Law of Ukraine "About youth and children's public organizations" of December 1, 1998 N 281-XIV:

1.1. Provision of the paragraph of the fourth of Article 2, which provides combination of most legalizirovanny youth and children's public organizations in specifically certain union: "The Ukrainian national committee of the youth organizations - the union which combines most the legalizirovanny All-Ukrainian youth and children's organizations, and also regional, the Autonomous Republic of Crimea, the Kiev and Sevastopol city associations of youth and children's public organizations";

1.2. Article part two provision 6, by which the Ukrainian national committee of the youth organizations by the state is determined as the coordinator of youth movement in Ukraine: "The youth movement in Ukraine is coordinated by the Ukrainian national committee of the youth organizations...";

1.3. Article part one provision 10, according to which the Verkhovna Rada of Ukraine in case of approval of the Government budget of Ukraine provides expenses on support only of "the union which members are most the registered All-Ukrainian youth and children's public organizations, and also regional, the Autonomous Republic of Crimea, the Kiev and Sevastopol city unions of youth and children's public organizations";

1.4. Article part two provision 10, according to which financial support of activities of youth and children's public organizations is performed through one ". union of All-Ukrainian youth public organizations".

2. Provision of the paragraph of the fourth of Article 2, Article parts two 6, of parts one and the second article 10 of the Law of Ukraine "About youth and children's public organizations" which are recognized as unconstitutional lose force from day of acceptance by the Constitutional Court of Ukraine of this Decision.

3. Reduction of the Law of Ukraine "About youth and children's public organizations" in compliance with this Decision to assign to the Verkhovna Rada of Ukraine.

4. The solution of the Constitutional Court of Ukraine is mandatory in the territory of Ukraine, final and cannot be appealed.

The solution of the Constitutional Court of Ukraine is subject to publication in "In? to snik Konstituts? yny to Ukra§ni's Court" and in other official publications of Ukraine.

 

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