DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of September 22, 2005 No. 5-rp/2005

On case on the constitutional representation of 51 People's Deputies of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of Article 92, Item 6 of the Section X "Transitional provisions" of the Land code of Ukraine (case on permanent use of the parcels of land)

Case No. 1-17/2005

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,

Ivashchenko Vladimir Ivanovich,

Kostitsky Mikhail Vasilyevich,

Mironenko Alexander Nikolaevich,

Nimchenko Vasily Ivanovich,

Wheaten Valery Grigoryevich,

Owlet Nikolay Dmitriyevich,

Victor Egorovich's buffoons - the judge-speaker,

Stanik Syuzanna Romanovna,

Tkachuk Pavel Nikolaevich,

Chubar Lyudmila Panteleevna,

Shapoval Vladimir Nikolaevich,

with the assistance of the representative of the person of law on the constitutional representation Resident of Tomsk Ivan Fedorovich - the People's Deputy of Ukraine, the Chairman of Committee of the Verkhovna Rada of Ukraine concerning agrarian policy and land relations; representatives of the Verkhovna Rada of Ukraine: Semenyuk Valentina Petrovna - the People's Deputy of Ukraine, the Chairman of Special control commission of the Verkhovna Rada of Ukraine concerning privatization, Selivanov Anatoly Aleksandrovich - the Permanent representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine; representative of the President of Ukraine Efimenko of Leonid Vasilyevichazamestitel of the Minister of Justice of Ukraine; representative of the State committee of Ukraine on land resources Kalnichenko of Alla Georgiyevnynachalnika of legal management; specialists: Grinko Sergey Valeriyevich - Candidate of Law Sciences, the associate professor of the labor, land and environmental law of law department of the Kiev national university of Taras Shevchenko, Kulinich Pavel Fedotovich - Candidate of Law Sciences, the senior research associate of Institute of the state and the right of V. M. Koretsky of NAS of Ukraine,

considered at plenary meeting case on the constitutional representation of 51 People's Deputies of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of Article 92, of Item 6 of the Section X "Transitional provisions" of the Land code of Ukraine of October 25, 2001 (Sheets of the Verkhovna Rada of Ukraine, 2002, N 3, Art. 27; 2004, N 35, Art. 416; 2005, N 2, Art. 25).

Pretext for consideration of the case according to Articles 39, 40 Laws of Ukraine "About the Constitutional Court of Ukraine" became the constitutional representation of 51 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 provisions of Article 92, of Item 6 of the Section X "Transitional provisions" of the Land code of Ukraine.

Having heard the judge-speaker Skomorokhu of V. E., the explanation of the Resident of Tomsk I.F., Semenyuk V. P., Selivanova A.O., Efimenko L. V., Kalnichenko A. G., Grinko S. V., Kulinicha Item F. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation - 51 People's Deputies of Ukraine - appealed to the Constitutional Court of Ukraine with the petition to consider question concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of Article 92 of the Land code of Ukraine (further - the Code) which provide the right of permanent use of the parcel of land (right of possession and uses of the parcel of land without establishment of term) which is acquired by the companies, organizations and the organizations relating to the state-owned and utility property, and Item 6 of the Section X "Transitional provisions" of the Land code of Ukraine (further - Transitional provisions of the Code) according to which citizens and legal entities who have the parcels of land in permanent use, but under this Code cannot have them on such right, shall renew till January 1, 2005 in accordance with the established procedure the property right or the right of lease to them.

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