of July 31, 2013 No. 423-0-2-13/11
The Ministry of Justice considered the address <...> concerning provision of explanation of the term "other ownership of person" used in Art. 233 of the Code of penal procedure of Ukraine (further - the Code of Criminal Procedure), in connection with its ambiguous interpretation in case of law enforcement and within competence the following reports.
The Ministry of Justice is the central executive body operating according to Konstitutsiiya, the laws of Ukraine and the Regulations on the Ministry of Justice of Ukraine approved by the Presidential decree of Ukraine of 06.04.2011 No. 395. According to the specified acts Ministry of Justice provides explanations on the questions connected with activities of the Ministry, its territorial authorities, companies, organizations and organizations relating to the sphere of management of the Ministry and also concerning acts which are issued to them and has no powers concerning provision of explanations on the questions raised in the address.
In turn, according to provisions of part two of Art. 147 of the Constitution of Ukraine and item 4 of Art. 13 of the Law of Ukraine "About the Constitutional Court of Ukraine" (further - the Law) official interpretation of the Constitution and the laws of Ukraine gives the Constitutional Court of Ukraine.
The basis for the constitutional address of rather official interpretation of the laws of Ukraine according to provisions of Art. 94 of the Law is availability of ambiguous application of their provisions by courts of Ukraine, other public authorities if the person of law on the constitutional address considers that it can bring or led to violation of its constitutional rights and freedoms.
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