DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of May 21, 2002 No. 9-rp/2002

On the case of the constitutional preostavleniye of the Supreme Court of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of parts two and the fourth Article 1, Item paragraph two 8 parts one of Article 18, Article parts one 25, Items 1, 2, 4 parts one of Article 30, Article parts one 31, Article parts one 32, Item 2 parts two of Article 33, Item 2 parts two and parts three of Article 37, articles 38 and 48 of the Law of Ukraine "About the Supreme council of justice" (case on the Law of Ukraine "About the Supreme council of justice")

Case No. 1-3/2002

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,

Kozyubra Nikolay Ivanovich,

Korniyenko Nikolay Ivanovich,

Kostitsky Mikhail Vasilyevich,

Malinnikova Lyudmila Fiodorovna,

Mironenko Alexander Nikolaevich,

Nemchenko Vasily Ivanovich,

Savenko Nikolay Dmitriyevich,

Selivon Nikolay Fedosovich,

Timchenko Ivan Artemyevich,

Silent Vladimir Pavlovich,

Chubar Lyudmila Panteleevna,

Shapoval Vladimir Nikolaevich - the judge-speaker,

with the assistance of representatives of the person of law on the constitutional representation Kosarev Valentin Ivanovich - the judge of the Supreme Court of Ukraine, Voynarovskaya Galina Andreevna - the deputy head of department concerning judicial and legal reform and work with bills of the Supreme Court of Ukraine; representatives of the Verkhovna Rada of Ukraine Kostitsky Vasily Vasilyevich, Shishkin of Victor Ivanovichanarodnykh of deputies of Ukraine; the representatives of the Prosecutor General's Office of Ukraine involved to consideration of the case of Kudryavtsev Victor Viktorovich - the deputy attorney general of Ukraine, Burdol Evgeny Pavlovich - the head of legal support of the Prosecutor General's Office of Ukraine; representatives of the Supreme council of justice of Evdokimov of Valeria of Aleksandrovich - Chairmen of the Supreme council of justice, Poltavts Yury Pavlovich - the member of the High Council of Justice, Grishchenko Ivan Efimovich - the head of department of legal support of the secretariat of the Supreme council of justice, and also the Permanent representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine Selivanov Anatoly Aleksandrovich, the Permanent representative of the President of Ukraine in the Constitutional Court of Ukraine Nosov Vladislav Vasilyevich,

considered at plenary meeting case concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of parts two and the fourth Article 1, of Item paragraph two 8 parts one of Article 18, of Article part one 25, of Items 1, of 2, 4 parts one of Article 30, of Article part one 31, of Article part one 32, of Item 2 parts two of Article 33, of Item 2 parts two and parts three of Article 37, of articles 38 and 48 of the Law of Ukraine "About the Supreme council of justice" of January 15, 1998 N 22/98-BP (In? домост? Verkhovno ї Rada Ukra§ni, 1998, N 25, Art. 146).

The constitutional representation of the Supreme Court of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of the specified provisions of the Law of Ukraine "About the Supreme council of justice" became reason for consideration of the case according to Articles 39, of 40, of 71 Law of Ukraine "About the Constitutional Court of Ukraine".

The basis for consideration of the case according to article 75 of the Law of Ukraine "About the Constitutional Court of Ukraine" is availability of dispute on compliance of the Constitution of Ukraine (constitutionality) of separate provisions of the Law of Ukraine "About the Supreme council of justice" regarding determination of the status of the Supreme council of justice, in particular its powers on appointment (election) to position and release from position of judges, and also about disciplinary responsibility of judges and prosecutors.

Having heard the judge-speaker Shapoval V. M., Kosarev V. I. explanations., Voynarovskoy G. A., Kostitsky V. V., Shishkin V. I., Poltavtsa Yu. P., Grishchenko I. Yu., Burdolya E. P., Selivanova A. O., Nosova V. V. and having researched case papers, the Constitutional Court of Ukraine established:

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