Extract from the Constitution of Ukraine

Extract from the Constitution of Ukraine

Chapter XII
Constitutional Court of Ukraine

 

Article 147

The Constitutional Court of Ukraine  decides on compliance of laws of Ukraine with the Constitution of Ukraine and, in cases prescribed by this Constitution, of other acts, provides official interpretation of the Constitution of Ukraine as well as exercises other authority in accordance with this Constitution.

The Constitutional Court of Ukraine acts on the basis of the principles of the rule of law, independence, collegiality, transparency, reasonableness and binding nature of its decisions and opinions.

Article 148

The Constitutional Court of Ukraine is composed of eighteen judges of the Constitutional Court of Ukraine.

The President of Ukraine, the Verkhovna Rada of Ukraine and the Congress of Judges of Ukraine each appoint six judges to the Constitutional Court of Ukraine.

Selection of candidates for the office of judge of the Constitutional Court of Ukraine is conducted on competitive basis under the procedure prescribed by the law.

A citizen of Ukraine who has command of the state language, attained the age of forty on the day of appointment, has a higher legal education and professional experience in the sphere of law no less than fifteen years, has high moral values and is a lawyer of recognised competence may be a judge of the Constitutional Court of Ukraine.

A judge of the Constitutional Court of Ukraine can not belong to political parties, trade unions, take part in any political activity, hold a representative mandate, occupy any other paid offices, perform other paid work, except academic, teaching or creative activities.

A judge of the Constitutional Court of Ukraine is appointed for nine years without the right of reappointment.

A judge of the Constitutional Court of Ukraine steps in his or her office as of the date of taking the oath at the special plenary sitting of the Court.

The Constitutional Court of Ukraine elects the Chairman among the judges of the Court at a special plenary sitting of the Court by secret ballot for one three-year term only.

Article 1481

The State ensures funding and proper conditions for operation of the Constitutional Court of Ukraine. Expenditures for operation of the Court are allocated separately in the State budget of Ukraine, with account of the proposals of its Chairman.

Remuneration of judges of the Constitutional Court of Ukraine is defined by the law on the Constitutional Court of Ukraine

Article 149

 

Independence and inviolability of a judge of the Constitutional Court of Ukraine are guaranteed by the Constitution and laws of Ukraine.

 

Any influence on a judge of the Constitutional Court of Ukraine is prohibited.

 

Judge of the Constitutional Court of Ukraine may not be detained or kept under custody or under arrest without the consent of the Constitutional Court of Ukraine until a guilty verdict is rendered by a court, except for detention of a judge caught committing serious or grave crime or immediately after it.

 

Judge of the Constitutional Court of Ukraine may not be held legally liable for voting on decisions or opinions of the Court, except the cases of committing a crime or a disciplinary offence.

 

The State ensures the personal security of a judge of the Constitutional Court of Ukraine and members of his or her family.

Article 1491

The authority of a judge of the Constitutional Court of Ukraine shall be terminated in case of:

1) termination of the term of his or her office;

2) his or her attainment of the age of seventy;

3) termination of Ukraine’s citizenship or acquiring by him or her the citizenship of another state;

4) taking effect of a court’s decision on recognition him or her missing or declaration him or her dead, or on recognition to be legally incapable or partially legally incapable;

5) taking effect of a guilty verdict against him or her for committing a crime;

6) death of a judge of the Constitutional Court of Ukraine.

The grounds for dismissal of a judge of the Constitutional Court of Ukraine are the following:

1) inability to exercise his or her authority for health reasons;

2) violation by him or her of incompatibility requirements;

3) commission by him or her of a serious disciplinary offence, flagrant or permanent disregard of his or her duties which are incompatible with the status of judge of the Court or has proved non-conformity with being in the office;

4) submission by a judge of statement of resignation or of voluntary dismissal from office.

Dismissal of a judge of the Constitutional Court of Ukraine from his or her office is decided by not less than two-thirds of its constitutional composition.

Article 150

 

The authority of the Constitutional Court of Ukraine includes:

 

1) deciding on conformity to the Constitution of Ukraine (constitutionality) of:

laws and other legal acts of the Verkhovna Rada of Ukraine;

acts of the President of Ukraine;

acts of the Cabinet of Ministers of Ukraine;

legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea.

 

2) official interpretation of the Constitution of Ukraine;

 

3) exercising other authority defined by the Constitution of Ukraine.

 

Matters under sub-paragraphs 1, 2 of paragraph one of this Article are considered upon the constitutional petitions of: the President of Ukraine; not less than forty-five People’s Deputies of Ukraine; the Supreme Court; Authorised Human Rights Representative of the Verkhovna Rada of Ukraine; the Verkhovna Rada of the Autonomous Republic of Crimea.

 

Article 151

 

The Constitutional Court of Ukraine, upon submission of the President of Ukraine or not less than forty-five People’s Deputies of Ukraine, or the Cabinet of Ministers of Ukraine, provides opinions on compliance with the Constitution of Ukraine of international treaties of Ukraine that are in effect, or the international treaties submitted to the Verkhovna Rada of Ukraine for granting agreement on their binding nature.

 

The Constitutional Court of Ukraine upon submission of the President of Ukraine or not less than forty-five People’s Deputies of Ukraine provides opinions on compliance with the Constitution of Ukraine (constitutionality) of questions that are proposed to be put for the all-Ukrainian referendum upon people’s initiative.

 

The Constitutional Court of Ukraine upon the submission of the Verkhovna Rada of Ukraine provides an opinion on the observance of the constitutional procedure of investigation and consideration of the case on removing the President of Ukraine from office by the impeachment procedure.

 

Article 1511

 

The Constitutional Court of Ukraine decides on compliance with the Constitution of Ukraine (constitutionality) of a law of Ukraine upon constitutional complaint of a person alleging that the law of Ukraine applied to render a final court decision in his or her case contravenes the Constitution of Ukraine. A constitutional complaint may be lodged after exhaustion of all other domestic legal remedies.

 

Article 1512

 

Decisions and opinions adopted by the Constitutional Court of Ukraine shall be binding, final and may not be challenged.

 

 

Article 152

 

Laws and other acts are declared unconstitutional in whole or in part by the decision of the Constitutional Court of Ukraine, in the event that they do not conform to the Constitution of Ukraine, or if there was a violation of the procedure for their consideration, adoption or their entry into force established by the Constitution of Ukraine.

 

Laws, other acts, or their separate provisions, declared unconstitutional, lose legal force from the day the Constitutional Court of Ukraine adopts the decision on their unconstitutionality unless otherwise established by the decision itself but not earlier that the day of its adoption.

 

Material or moral damages, inflicted on natural or legal persons by the acts and actions declared unconstitutional, are compensated by the State under the procedure established by law.

 

Article 153

 

Organisation and operation of the Constitutional Court of Ukraine, status of judges of the Court, grounds to apply to the Court and application procedure, procedure of case consideration and enforcement of decisions of the Court are defined by the Constitution of Ukraine and law.