Name of Ukraine

DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of October 19, 2009 No. 26-rp/2009

On case on the constitutional representation of the President of Ukraine and 48 People's Deputies of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of separate provisions of the laws of Ukraine "About election of the president of Ukraine", "About the State register of voters", "About modification of some legal acts of Ukraine concerning election of the president of Ukraine" and the Code of administrative legal proceedings of Ukraine (case on modification of some legal acts of Ukraine concerning election of the president of Ukraine)

Case No. 1-50/2009

Constitutional court of Ukraine consisting of judges:

Strizhak Andrey Andreevich - the chairman,

Baulin Yury Vasilyevich,

Brintsev Vasily Dmitriyevich,

Vdovichenko Sergey Leonidovich,

Golovin Anatoly Sergeyevich,

Dzhunya Vyacheslav Vasilyevich,

Didkovsky Anatoly Aleksandrovich,

Dombrovsky Ivan Petrovich - the speaker,

Kamp Vladimir Mikhaylovich,

Mikhail Ivanovich's ear,

Lilak Dmitry Dmitriyevich,

Markush Maria Andreevna,

Machuzhak Yaroslava Vasilyevna,

Nikitin Yury Ivanovich,

Ovcharenko Vyacheslav Andreevich,

Stetsyuk Pyotr Bogdanovich,

Tkachuk Pavel Nikolaevich,

Shishkin Victor Ivanovich,

considered at plenary meeting case on the constitutional representation of the President of Ukraine and 48 People's Deputies of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of part six of Article 2, to Article part six 23, of Article part nine 24, of Article part nine 31, of parts four, the fifth, ninth Article 32, of Items 1, of 4, 5 parts two of article 36-1, of article 49, of paragraph one of part one, parts two, the fifth Article 56, of Article part four paragraph two 79, of Article part five paragraph two 83, of Article part seven 84, of Article 92, of Article part four 94, of Article part four 96, of parts one, the fourth, fifth, sixth article 99, of article 100 of the Law of Ukraine "About election of the president of Ukraine" of March 5, 1999 No. 474-XIV (Sheets of the Verkhovna Rada of Ukraine, 1999, No. 14, the Art. 81) with changes, part one item 4 of Article 109, Article parts six 117, the second offer of part four, Article part eleven 172, parts ten, the twelfth article 176 of the Code of administrative legal proceedings of Ukraine with changes, Article parts seven 14, parts one, the second Article 17, the second offer of Item 3-1 of the Section VII "Final provisions" of the Law of Ukraine "About the State register of voters" of February 22, 2007 No. 698-V (Sheets of the Verkhovna Rada of Ukraine, 2007, No. 20, the Art. 282) with changes, the paragraph of the fourth subitem 4 Items 3, the subitem 8, subitem paragraph two 9, subitems 14, 15, paragraphs of the third, ninth, nineteenth subitem 26, subitems 34, the 46th Item 4, the subitem 4 of Item 5 of the Section I, Item 3 of the Section II "Final provisions" of the Law of Ukraine "About modification of some legal acts of Ukraine concerning election of the president of Ukraine" of August 21, 2009 No. 1616-VI (Voice of Ukraine, 2009, on September 10).

The constitutional court of Ukraine Determination of October 6, 2009 combined the constitutional productions in cases on the constitutional provision of the President of Ukraine and 48 People's Deputies of Ukraine in one constitutional production.

In the course of consideration of case papers the Constitutional Court of Ukraine Determination of October 19, 2009 separated the constitutional production on the specified provisions on two cases, having allocated separate constitutional production concerning constitutionality of provisions of articles 157 and 158-1 of the Criminal code of Ukraine.

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 the President of Ukraine and 48 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 matters of argument concerning constitutionality of the specified provisions.

Having heard Dombrovsky I.P.'s judge-speaker and having researched case papers, the Constitutional Court of Ukraine established:

1. Persons of law on the constitutional representation - the President of Ukraine and 48 People's Deputies of Ukraine - appealed to the Constitutional Court of Ukraine with the petition to recognize such which do not answer the Constitution of Ukraine (are unconstitutional), Article 2 part six provisions (concerning determination of stay on consular accounting by voting power sales term at election of the president of Ukraine), Article parts six 23, of Article part nine 24, of Article part nine 31, of parts four, the fifth, ninth Article 32 (concerning entering of changes by the electoral commissions into electoral registers on the polling precinct into ballot day according to decisions of the electoral commissions), Items 1, of 4, 5 parts two of Article 36-1 (concerning creation and refining of electoral registers on foreign polling precincts by the principle of stay of citizens on consular accounting), Articles 49, of paragraph one of part one, parts two, the fifth Article 56 (concerning cancellation of decision making about cancellation of registration of the presidential candidate of Ukraine by the supreme judicial authority and reference of adoption of this decision to special powers of Central Election Commission without proper guarantees of judicial protection), Article part four paragraph two 79, Article part five paragraph two 83, Article parts seven 84, Articles 92, Article parts four 94, Article parts four 96, parts one, the fourth, fifth, sixth Article 99, article 100 of the Law of Ukraine "About election of the president of Ukraine" of March 5, 1999 No. 474-XIV with changes (further - the Law No. 474), part one item 4 of Article 109, Article parts six 117, the second offer of part four, Article 172 part eleven (concerning reducing up to two days of terms of the decision by courts of the corresponding administrative cases), parts ten, the twelfth article 176 of the Code of administrative legal proceedings of Ukraine with changes (further - CASH DESKS of Ukraine), Article 14 parts seven (concerning provision of Central Election Commission (further - the CEC) powers concerning determination of procedure for maintaining the State register of voters (further - the Register), parts one, the second Article 17, the second offer of Item 3-1 of the Section VII "Final provisions" of the Law of Ukraine "About the State register of voters" of February 22, 2007 No. 698-V with changes (further the Law No. 698), the paragraph of the fourth subitem 4 of Item 3 (regarding reducing up to two days of terms of the decision by courts of the corresponding administrative cases), the subitem 8, subitem paragraph two 9, subitems 14, 15 (in part which concerns exception of regulations about absentee ballots), paragraphs of third, ninth, nineteenth subitem 26 (in part, which cancels decision making about cancellation of registration of the presidential candidate of Ukraine by the supreme judicial authority and refers adoption of this decision to special powers of the CEC), subitems 34, of the 46th Item 4, of the subitem 4 of Item 5 of the Section I, Item 3 of the Section II "Final provisions" of the Law of Ukraine "About modification of some legal acts of Ukraine concerning election of the president of Ukraine" of August 21, 2009 No. 1616-VI (further - the Law No. 1616).

2. The line items of the questions which are rather raised in the constitutional representation were stated by the President of Ukraine, the Chairman of the Verkhovna Rada of Ukraine, the Center of political and legal reforms.

3. Constitutional court of Ukraine, resolving the questions which are brought up in the constitutional representation proceeds from the following.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info