Name of Ukraine

DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of October 6, 2010 No. 21-rp/2010

On case on the constitutional representation of the Supreme Court of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of the laws of Ukraine "About bases of prevention and anti-corruption", "About responsibility of legal entities for making of corruption offenses", "About modification of some legal acts of Ukraine concerning responsibility for corruption offenses" (case on corruption offenses and enforcement of the anti-corruption laws)

Constitutional court of Ukraine consisting of judges:

Golovin Anatoly Sergeyevich - the chairman,

Baulin Yury Vasilyevich,

Brintsev Vasily Dmitriyevich - the speaker,

Vdovichenko Sergey Leonidovich,

Vinokurov Sergey Markiyanovich,

Gultaya Mikhail Miroslavovich,

Zaporozhets Mikhail Petrovich,

Kamp Vladimir Mikhaylovich,

Mikhail Ivanovich's ear,

Lilak Dmitry Dmitriyevich,

Markush Maria Andreevna,

Ovcharenko Vyacheslav Andreevich,

Sergeychuk Oleg Anatolyevich,

Stetsyuk Pyotr Bogdanovich,

Strizhak Andrey Andreevich,

Tkachuk Pavel Nikolaevich,

Shaptali Natali Konstantinovna,

Shishkin Victor Ivanovich,

with the assistance of the representative of the person of law on the constitutional representation - the deputy manager of the office of the Supreme Court of Ukraine, the chief of legal department Havronyuk Nikolay Ivanovich, the Permanent representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine Selivanov Anatoly Aleksandrovich, the deputy minister of justice of Ukraine Prityki Yury Dmitriyevich, the head of department of legal support of the Prosecutor General's Office of Ukraine Burdol Evgeny Pavlovich

considered at plenary meeting case on the constitutional representation of the Supreme Court of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of the laws of Ukraine "About bases of prevention and anti-corruption" of June 11, 2009 N 1506-VI (Sheets of the Verkhovna Rada of Ukraine, 2009, N 45, of the Art. 691) with subsequent changes, "About responsibility of legal entities for making of corruption offenses" of June 11, 2009 N 1507-VI (Sheets of the Verkhovna Rada of Ukraine, 2009, N 45, the Art. 692) with subsequent changes, "About modification of some legal acts of Ukraine concerning responsibility for corruption offenses" of June 11, 2009 N 1508-VI (Sheets of the Verkhovna Rada of Ukraine, 2009, N 46, the Art. 699) with subsequent changes.

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 Supreme Court 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 the specified laws.

Having heard the judge-speaker Brintsev V. D., Havronyuk M. I. explanations., Selivanova A. O., Prityki Yu. D., Burdolya E. P. and having studied case papers, the Constitutional Court of Ukraine established:

1. The Supreme Court 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), provisions of the laws of Ukraine "About bases of prevention and anti-corruption" of June 11, 2009 N 1506-VI (further - the Law N 1506), "About responsibility of legal entities for making of corruption offenses" of June 11, 2009 N 1507-VI (further - the Law N 1507), "About modification of some legal acts of Ukraine concerning responsibility for corruption offenses" of June 11, 2009 N 1508-VI (further the Law N 1508).

The person of law on the constitutional representation notes that the challenged provisions of the laws do not answer Article part two 8, of Article part three 22, of Article part one 32, of Article part one 42, of Article part one 55, of Article part one 57, of Article part two 78, of Item of 1 part one of Article 92, of Article part five 94, of Article 121, of Article part two 127, of part three of article 129 of the Constitution of Ukraine.

The Supreme Court of Ukraine approves about illegality of Item 1 of the Section VIII "Final provisions" of the Law N 1506, of article 28 of the Law N 1507 and the Section II of the Law N 1508 concerning the introduction by the laws in action from day of their publication and enforcement since January 1, 2010, and also separate provisions of the Law N 1506:

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