Law of Ukraine on the Constitutional Court of Ukraine

Law of Ukraine on the Constitutional Court of Ukraine

As amended by Law No. 73-V dated August 3, 2006,

Law No. 79-V dated August 4, 2006,

Law No. 1168-VI dated March 19, 2009,

Law No. 2453-VI dated July 7, 2010,

Law No. 2592-VI dated October 10, 2010,

Law No. 4711-VI dated May 17, 2012

Law No. 1170-VII dated March 27, 2014

Law No. № 1700-VII dated October 14, 2014

 

 

SECTION I

FOUNDATIONS OF CONSTITUTIONAL JUSTICE

 

CHAPTER 1. GENERAL PROVISIONS

 

Article 1

Status of the Constitutional Court of Ukraine

The Constitutional Court of Ukraine shall be the sole body of constitutional jurisdiction in Ukraine.

The Constitutional Court of Ukraine shall be a legal entity, having a seal portraying the State Coat of Arms of Ukraine and its own name.

 

Article 2

Task of the Constitutional Court of Ukraine

The task of the Constitutional Court of Ukraine shall be to guarantee the supremacy of the Constitution of Ukraine as the Fundamental Law of the State throughout the territory of Ukraine.

 

Article 3

Normative Regulation of the Activities of the Constitutional Court of Ukraine

The organisation, authorities and procedure for the activities of the Constitutional Court of Ukraine shall be established by the Constitution of Ukraine and this Law.

The Constitutional Court of Ukraine shall adopt acts that regulate organisation of its internal work in accordance with this Law.

 

Article 4

Basic Principles of the Activities of the Constitutional Court of Ukraine

The activities of the Constitutional Court of Ukraine shall be based on the principles of the rule of law, independence, collegiality, equality of Judges’ rights, openness, complete and comprehensive consideration of cases, and legal soundness of decisions it adopts.

 

 

Article 5

Composition of the Constitutional Court of Ukraine

The Constitutional Court of Ukraine shall consist of 18 Judges of the Constitutional Court of Ukraine.

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

 

Article 7

Procedure for Appointment of Judges of the Constitutional Court of Ukraine by the Verkhovna Rada of Ukraine

The Verkhovna Rada of Ukraine shall appoint Judges of the Constitutional Court of Ukraine by secret voting through submission of ballots.

Candidates for the offices of Judges of the Constitutional Court of Ukraine shall be nominated by the Chairperson of the Verkhovna Rada of Ukraine. No less than one-quarter of the constitutional composition of the Verkhovna Rada of Ukraine shall also have the right to nominate candidates. A People’s Deputy has the right to sign a nomination concerning a single candidate only, and the Deputies’ signatures shall not be recalled. The respective committee of the Verkhovna Rada of Ukraine shall submit to the Verkhovna Rada of Ukraine its conclusions concerning each candidate to the office of Judge of the Constitutional Court of Ukraine nominated in accordance with the established procedure.

Appointed to the office of Judges of the Constitutional Court of Ukraine shall be deemed candidates who received a majority of votes of People’s Deputies, but more than a half of the constitutional composition of the Verkhovna Rada of Ukraine. If several candidates receive an equal number of votes and after their appointment the necessary number of Judges is exceeded, they shall be subject to repeat voting.

In case of termination of the authorities of a Judge of the Constitutional Court of Ukraine appointed by the Verkhovna Rada of Ukraine, the Verkhovna Rada of Ukraine shall appoint another person to the office.

According to the voting results, the Chairperson of the Verkhovna Rada of Ukraine shall sign resolutions of the Verkhovna Rada of Ukraine on appointment of Judges of the Constitutional Court of Ukraine.

 

Article 8

Procedure for Appointment of Judges of the Constitutional Court of Ukraine by the Congress of Judges of Ukraine

The Congress of Judges of Ukraine, through open voting by a majority of votes of delegates present at the Congress, shall determine candidates for the offices of Judges of the Constitutional Court of Ukraine, nominated by the Congress’ delegates to be included in ballots for secret voting.

Appointed to the office of Judge of the Constitutional Court of Ukraine shall be deemed a candidate who, upon secret voting, received a majority of votes from the number of delegates elected to the Congress of Judges of Ukraine.

If voting is carried out for candidates, whose number exceeds the quota for appointment to the offices of Judges of the Constitutional Court of Ukraine, appointed shall be deemed the candidates who, under conditions established in paragraph two of this Article, receive more votes than other candidates for these offices.

In case of termination of the authorities of a Judge of the Constitutional Court of Ukraine appointed by the Congress of Judges of Ukraine, the Congress of Judges of Ukraine within three months shall appoint another person to the office.

According to the voting results, the chairperson and secretary of the Congress shall sign the decision of the Congress of Judges of Ukraine on appointment of Judges of the Constitutional Court of Ukraine.

 

Article 9

Term of Authorities of a Judge of the Constitutional Court of Ukraine

A Judge of the Constitutional Court of Ukraine shall be appointed for the term of nine years with no right to reappointment.

 

Article 10

Uniform and Badge of a Judge of the Constitutional Court of Ukraine

A Judge of the Constitutional Court of Ukraine while performing his/her duties in plenary sessions, in sessions of the Constitutional Court of Ukraine and in the Collegium of Judges of the Constitutional Court of Ukraine shall be dressed in a gown.

A Judge of the Constitutional Court of Ukraine shall have a badge, the description and form of which shall be approved by the Verkhovna Rada of Ukraine.

 

Article 11

Attributes of the Constitutional Court of Ukraine

Inalienable attributes of the Session Hall of the Constitutional Court of Ukraine shall be the State Coat of Arms of Ukraine and the State Flag of Ukraine.

 

Article 12

The Seat of the Constitutional Court of Ukraine

The Constitutional Court of Ukraine shall seat in the city of Kyiv.

 

CHAPTER 2. AUTHORITIES OF THE CONSTITUTIONAL

COURT OF UKRAINE

 

Article 13

Authorities of the Constitutional Court of Ukraine

The Constitutional Court of Ukraine shall adopt decisions and provide opinions in cases concerning:

1)         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)         conformity of international treaties of Ukraine that are in force or international treaties which are submitted to the Verkhovna Rada of Ukraine for granting consent to their binding nature with the Constitution of Ukraine;

3)         observance of the constitutional procedure for investigation and consideration of a case on removal of the President of Ukraine from office through impeachment within the limits established by Articles 111 and 151 of the Constitution of Ukraine;

4)         official interpretation of the Constitution and laws of Ukraine.

 

 

Article 14

Limits of the Authorities of the Constitutional Court of Ukraine

The authorities of the Constitutional Court of Ukraine shall not include issues concerning the legality of acts of bodies of state power, bodies of the Autonomous Republic of Crimea and bodies of local self-government as well as other issues pertaining to the authorities of courts of general jurisdiction.

 

Article 15

Grounds for Recognition of Legal Acts as Unconstitutional

The grounds for adoption of decision concerning unconstitutionality of legal acts in whole or in part by the Constitutional Court of Ukraine shall be as follows:

non-conformity with the Constitution of Ukraine;

violation of the procedure for their consideration, adoption or entry into force established by the Constitution of Ukraine;

excess of constitutional authorities during their adoption.

 

 

CHAPTER 3. JUDGES OF THE CONSTITUTIONAL COURT OF UKRAINE

 

 

Article 16

Requirements for a Judge of the Constitutional Court of Ukraine

A judge of the Constitutional Court of Ukraine may be a citizen of Ukraine who by the day of appointment has attained the age of forty, has higher legal education, at least ten years of practical, research or pedagogical professional experience, command of the state language and has resided in Ukraine for the last twenty years.

Judges of the Constitutional Court of Ukraine may not be members of political parties and trade unions, hold a representative mandate, take part in any kind of political activity, occupy any other paid position, perform any other remunerated work other than research, teaching and creative.

 

In respect of persons who aspire to hold an office of judge of the Constitutional Court of Ukraine special screening shall be conducted upon their written consent in the order established by the Law of Ukraine “On Preventing Corruption”.

Persons aspiring to hold an office of judge of the Constitutional Court of Ukraine, prior to the appointment to the office, shall submit to the body which appoints him or her the declaration on property, incomes, expenses, and obligations of financial nature according to the form and order established by the Law of Ukraine “On Grounds of Corruption Prevention and Counteraction”.

The relevant requirements and restrictions set by the Law of Ukraine “On Preventing Corruption” shall be applied to Judges of the Constitutional Court of Ukraine.

 

Article 17

Assuming Office of a Judge of the Constitutional Court of Ukraine

A Judge of the Constitutional Court of Ukraine shall assume office from the day of taking the oath of a Judge of the Constitutional Court of Ukraine.

A Judge of the Constitutional Court of Ukraine assuming office shall take the following oath: “I do solemnly swear to honestly and conscientiously perform the high duties of a Judge of the Constitutional Court of Ukraine, ensure the supremacy of the Constitution of Ukraine, protect the constitutional order of the State, constitutional human and citizen’s rights and freedoms.”

A Judge of the Constitutional Court of Ukraine shall take the oath at a session of the Verkhovna Rada of Ukraine with the participation of the President of Ukraine, as well as the Prime Minister of Ukraine and the Chairperson of the Supreme Court of Ukraine or persons who perform their duties.

 

Article 18

Status of a Judge of the Constitutional Court of Ukraine

The status of a Judge of the Constitutional Court of Ukraine shall be established by the Constitution of Ukraine, this Law and laws of Ukraine on the status of judges.

The authorities of a Judge of the Constitutional Court of Ukraine and his/her constitutional rights and freedoms may not be restricted under the state of emergency or martial law introduced in Ukraine or in its particular areas.

 

Article 19

Authorities of a Judge of the Constitutional Court of Ukraine

A Judge of the Constitutional Court of Ukraine shall perform preliminary preparation of issues for consideration by the Collegium of Judges of the Constitutional Court of Ukraine, the Constitutional Court of Ukraine and take part in consideration of cases.

A Judge of the Constitutional Court of Ukraine shall have the right to request the necessary documents, materials and other information on the matters prepared for consideration by the Collegium of Judges of the Constitutional Court of Ukraine, the Constitutional Court of Ukraine from the Verkhovna Rada of Ukraine, the President of Ukraine, the Prime Minister of Ukraine, the Prosecutor General of Ukraine, judges, bodies of state power, bodies of the Autonomous Republic of Crimea, bodies of local self-government, officials, enterprises, institutions, organisations of all forms of ownership, political parties and other associations of citizens as well as from individual citizens.

Avoidance of giving explanations or refusal to provide documents, materials, information to a Judge of the Constitutional Court of Ukraine shall entail liability of the responsible persons under the law.

A Judge of the Constitutional Court of Ukraine shall have the right to express in public his/her point of view concerning the proceedings only in those cases on which the Constitutional Court of Ukraine adopted a decision or provided an opinion.

 

Article 191

Conflict of interest

Judge of the Constitutional Court of Ukraine may not participate in the examination, preparation and decision-making, perform other powers in the issues with regard to which he or she has evident real or potential conflict of interest.

In case a judge of the Constitutional Court of Ukraine has real or potential conflict of interest on the issues considered in the framework of the constitutional proceedings, a judge of the Constitutional Court of Ukraine must inform the Constitutional Court of Ukraine in a written form within one working day and recuse himself or herself from participation in the consideration of the relevant issue.

For the same reasons, recusal of a judge of the Constitutional Court of Ukraine may be stated by persons who are parties to the constitutional proceedings.

Recusal must be well-grounded and submitted in the form of a written application to the Constitutional Court of Ukraine before the beginning of the consideration of the case. Chairperson at the plenary session of the Constitutional Court of Ukraine shall be obliged to acquaint the participants with the application on recusal (self-recusal) of a judge of the Constitutional Court of Ukraine.

Procedural ruling on recusal (self-recusal) shall be adopted at the session of the Constitutional Court of Ukraine.

Note. The terms “real conflict of interest”, “potential conflict of interest” are used in the meaning, specified in the Law of Ukraine “On Preventing Corruption”.

 

Article 20

Elections of the Chairperson of the Constitutional Court of Ukraine

The Chairperson of the Constitutional Court of Ukraine shall be elected at a special plenary session of the Constitutional Court of Ukraine from among the Judges of the Constitutional Court of Ukraine for a single three-year term by secret voting with any number of candidates nominated by Judges of the Constitutional Court of Ukraine. No more than one candidate may be left on a ballot.

Elected to the office of the Chairperson of the Constitutional Court of Ukraine shall be deemed a candidate who received more than a half of votes of the constitutional composition of the Constitutional Court of Ukraine.

If more than two candidates are nominated for the office of the Chairperson of the Constitutional Court of Ukraine and none of the candidates is elected, the two candidates who received the majority of votes shall be subject to repeat voting.

If not more than two candidates are nominated for the office of the Chairperson of the Constitutional Court of Ukraine and neither of the candidates is elected, or the Chairperson of the Constitutional Court of Ukraine is not elected during the repeat voting, new election shall be conducted for the office of the Chairperson of the Constitutional Court of Ukraine.

The Constitutional Court of Ukraine shall elect a commission for organisation and conduct of elections of the Chairperson of the Constitutional Court of Ukraine from among the Judges of the Constitutional Court of Ukraine.

 

 

Article 21

Authorities of the Chairperson of the Constitutional Court of Ukraine

The Chairperson of the Constitutional Court of Ukraine shall head the Constitutional Court of Ukraine and organise its activities.

The authorities of the Chairperson of the Constitutional Court of Ukraine shall include:

organisation of work of the Collegia of Judges of the Constitutional Court of Ukraine, commissions and the Secretariat of the Constitutional Court of Ukraine;

convocation and conduct of the sessions and plenary sessions of the Constitutional Court of Ukraine;

management of budgetary funds for maintaining and ensuring activities of the Constitutional Court of Ukraine in accordance with the budget estimate approved by the Constitutional Court of Ukraine;

exercise of other authorities provided for by this Law and acts of the Constitutional Court of Ukraine which regulate organization of its internal work.

 

 

Article 22

Deputy Chairpersons of the Constitutional Court of Ukraine

The Chairperson of the Constitutional Court of Ukraine shall have two Deputy Chairpersons of the Constitutional Court of Ukraine.

Deputy Chairpersons of the Constitutional Court of Ukraine shall perform separate authorities of the Chairperson of the Constitutional Court of Ukraine under his/her instruction. If the Chairperson of the Constitutional Court of Ukraine is absent or unable to exercise his/her authorities, his/her duties shall be performed by the oldest of the Deputy Chairpersons.

If both Deputy Chairpersons are absent, the duties of the Chairperson of the Constitutional Court of Ukraine shall be performed by the oldest judge of the Constitutional Court of Ukraine.

Deputy Chairpersons of the Constitutional Court of Ukraine shall be nominated by the Chairperson of the Constitutional Court of Ukraine and elected for a single three-year term by secret voting under the procedure established in Article 20 of this Law.

 

Article 23

Dismissal from the Office of a Judge of the Constitutional Court of Ukraine

Judge of the Constitutional Court of Ukraine shall be dismissed by the body which elected or appointed him/her in case of:

  1. expiration of the term of office;
  2. attaining the age of sixty-five;
  3. inability to perform his/her authorities due to the state of health;
  4. violation by a Judge of the requirements of incompatibility;
  5. breach of the oath;

 

  1. entry into legal force of a guilty verdict against him/her;

 

  1. termination of his/her citizenship;

 

  1. declaration that he/she is missing or deceased;
  2. submission by a Judge of a statement of resignation or voluntary dismissal from the office.

The authorities of a Judge shall be terminated in case of his/her death.

 

Article 24

Pre-Term Dismissal of the Chairperson of the Constitutional Court of Ukraine, Deputy Chairperson of the Constitutional Court of Ukraine upon Their Submissions

The Chairperson of the Constitutional Court of Ukraine, the Deputy Chairperson of the Constitutional Court of Ukraine shall be dismissed from office by the Constitutional Court of Ukraine upon their submissions.

The decision on pre-term dismissal shall be deemed adopted if it received more than a half of votes of the constitutional composition of the Constitutional Court of Ukraine.

The dismissal from office of the Chairperson of the Constitutional Court of Ukraine, the Deputy Chairperson of the Constitutional Court of Ukraine shall not lead to termination of their authorities of a Judge of the Constitutional Court of Ukraine.

 

Article 25

Research Consultants and Assistants of a Judge of the Constitutional Court of Ukraine

A Judge of the Constitutional Court of Ukraine shall have a research consultant and an assistant.

A research consultant and an assistant shall fulfill instructions of a Judge of the Constitutional Court of Ukraine on the issues concerning constitutional proceedings.

A research consultant and an assistant of a Judge of the Constitutional Court of Ukraine shall be civil servants.

 

Article 26

Extrajudicial Activities of Judges of the Constitutional Court of Ukraine

Judges of the Constitutional Court of Ukraine shall have the right to take part in conferences, symposia, be members of delegations of the Constitutional Court of Ukraine.

Decisions on official trips of Judges of the Constitutional Court of Ukraine shall be adopted by the Chairperson of the Constitutional Court of Ukraine and in his/her absence – by the Deputy Chairperson of the Constitutional Court of Ukraine.

 

CHAPTER 4. GARANTEES OF ACTIVITIES OF JUDGES OF THE CONSTITUTIONAL COURT OF UKRAINE

 

 

Article 27

Independence of Judges of the Constitutional Court of Ukraine

Judges of the Constitutional Court of Ukraine while exercising their authorities shall be independent; they shall obey only the Constitution of Ukraine and be guided by this Law, other laws of Ukraine except for those laws or separate provisions thereof which are the subject of consideration of the Constitutional Court of Ukraine.

Article 28

Immunity of the Person of a Judge of the Constitutional Court of Ukraine

The person of a Judge of the Constitutional Court shall be immune.

A Judge of the Constitutional Court of Ukraine may not be detained or arrested without the consent of the Verkhovna Rada of Ukraine before a guilty verdict is pronounced by a court.

Judges of the Constitutional Court of Ukraine shall not bear legal liability for voting results or expression of their opinions in the Constitutional Court of Ukraine and in its Collegia, except liability for offense or slander when considering cases, adopting decisions and providing opinions by the Constitutional Court of Ukraine.

 

Article 29

Social and Welfare Provision of Judges of the Constitutional Court of Ukraine

Judges of the Constitutional Court of Ukraine shall receive salary and enjoy other types of material security established by laws of Ukraine on the status of judges.

If the authorities of a Judge of the Constitutional Court of Ukraine are terminated under item 1 or 3, paragraph one Article 23 of this Law, he/she shall continue to receive 80 % of monetary maintenance and enjoy other types of material security of a Judge of the Constitutional Court of Ukraine until his/her retirement.

 

CHAPTER 5. ORGANISATION OF THE ACTIVITIES OF THE CONSTITUTIONAL COURT OF UKRAINE

 

 

Article 30

Organisation of Activities of the Constitutional Court of Ukraine

Issues concerning proceedings in cases and the activities of the Constitutional Court of Ukraine and its Secretariat, documentation management and internal rules of the Constitutional Court of Ukraine shall be determined by the Constitution of Ukraine, this Law and acts of the Constitutional Court of Ukraine on organisation of internal work of the Constitutional Court of Ukraine.

 

Article 31

Financing of the Constitutional Court of Ukraine

Financing of the Constitutional Court of Ukraine shall be provided for in a separate item of the State Budget of Ukraine.

 

Proposals concerning the amount of financing of the Constitutional Court of Ukraine as well as the draft of the respective budget estimate shall be submitted by the Chairperson of the Constitutional Court of Ukraine to the Cabinet of Ministers of Ukraine and the Verkhovna Rada of Ukraine when the State Budget for each following year is drafted.

 

Article 311

Openness of the activity of the Constitutional Court of Ukraine

The Constitutional Court of Ukraine shall promulgate and provide information upon inquiry in accordance with the Law of Ukraine “On Access to Public Information”.

Promulgation and provision of the information upon inquiries, addressed to the Constitutional Court of Ukraine, shall be provided by the Secretariat of the Constitutional Court of Ukraine.

 

Article 32

Secretariat of the Constitutional Court of Ukraine

The organisational, research and expert, informational and reference as well as other kinds of support for activities of the Constitutional Court of Ukraine shall be provided by the Secretariat of the Constitutional Court of Ukraine headed by the Head of the Secretariat of the Constitutional Court of Ukraine.

Regulations on the Secretariat of the Constitutional Court of Ukraine, its structure and staff shall be approved by the Constitutional Court of Ukraine.

The Head of the Secretariat of the Constitutional Court of Ukraine shall be appointed by the Constitutional Court of Ukraine upon nomination by the Chairperson of the Constitutional Court of Ukraine from among the citizens entitled to hold the office of a professional judge.

The Head of the Secretariat of the Constitutional Court of Ukraine may not be a member of any political party, hold a representative mandate, take part in any kind of political activity, occupy any other paid position, perform other remunerated work other than research, teaching and creative.

The Head and other officials of the Secretariat of the Constitutional Court of Ukraine shall be civil servants.

 

Article 33

Standing Commissions of the Constitutional Court of Ukraine

The Constitutional Court of Ukraine at its session shall establish standing commissions of the Constitutional Court of Ukraine from among the Judges of the Constitutional Court of Ukraine. Such commissions shall be auxiliary working bodies on issues of organisation of the Court’s internal work.

Regulations on standing commissions of the Constitutional Court of Ukraine shall be approved by the Constitutional Court of Ukraine at its plenary session.

Chairpersons of standing commissions shall be appointed by the Chairperson of the Constitutional Court of Ukraine for the term of their office.

 

Article 34

Temporary Commissions of the Constitutional Court of Ukraine

The Constitutional Court of Ukraine at its plenary sessions may establish temporary commissions for additional examination of issues related to constitutional proceedings in a case with the participation of experts in relevant branches of law.

 

Article 35

Archives of the Constitutional Court of Ukraine

Materials concerning activities of the Constitutional Court of Ukraine shall be stored in the Archives of the Constitutional Court of Ukraine.

Materials of the cases on which the Constitutional Court of Ukraine adopted decisions or provided opinions shall be stored in the Archives of the Constitutional Court of Ukraine for one hundred years.

Original copies of decisions and opinions of the Constitutional Court of Ukraine shall be stored in the Archives permanently.

Other materials concerning activities of the Constitutional Court of Ukraine shall be stored in the Archives of the Constitutional Court of Ukraine on general terms determined by the Ukrainian legislation.

Regulations on the Archives of the Constitutional Court of Ukraine shall be approved by the Constitutional Court of Ukraine.

 

Article 36

Library of the Constitutional Court of Ukraine

To provide the Constitutional Court of Ukraine with normative legal acts, research and other special literature, the Library of the Constitutional Court of Ukraine shall be established.

Regulations on the Library of the Constitutional Court of Ukraine shall be approved by the Constitutional Court of Ukraine.

 

Article 37

Publication of the Constitutional Court of Ukraine

The publication of the Constitutional Court of Ukraine shall be “The Bulletin of the Constitutional Court of Ukraine”.

 

 

SECTION II

COSTITUTIONAL PROCEEDINGS

 

CHAPTER 6. APPLICATION TO THE CONSTITUTIONAL

COURT OF UKRAINE

 

 

Article 38

Forms of Application to the Constitutional Court of Ukraine

The forms of application to the Constitutional Court of Ukraine shall be a constitutional petition and a constitutional appeal.

 

 

Article 39

Constitutional Petition

The constitutional petition shall be a written application to the Constitutional Court of Ukraine on recognition of a legal act (separate provisions thereof) as unconstitutional, on determination of the constitutionality of an international treaty or on the necessity of the official interpretation of the Constitution of Ukraine and laws of Ukraine. The constitutional petition shall be also an application of the Verkhovna Rada of Ukraine on providing an opinion concerning observance of the constitutional procedure for investigation and consideration of the case on removal of the President of Ukraine from office through impeachment.

In the constitutional petition there shall be set forth:

 

1)        full name of the body or an official filing the constitutional petition in accordance with the right provided for by the Constitution of Ukraine and this Law;

2)        information concerning the representative authorised by law or proxy;

3)        full title, number, date of adoption, source of publication (provided that it was published) of the legal act which constitutionality (separate provisions thereof) is disputed or which needs to be officially interpreted;

4)        legal reasoning of statements concerning the unconstitutionality of the legal act (separate provisions thereof) or the necessity of official interpretation;

  • information concerning other documents and materials to which the subjects of the right to constitutional petition refer (copies of these documents and materials to be enclosed);
  • a list of the enclosed materials and documents.

 

The constitutional petition, enclosed documents and other materials shall be submitted in triplicate.

 

 

Article 40

Subjects of the Right to Constitutional Petition for Adopting Decisions by the Constitutional Court of Ukraine

Subjects of the right to constitutional petition for adopting decisions by the Constitutional Court of Ukraine in cases provided for by item 1 Article 13 of this Law shall be: the President of Ukraine, no less than forty-five People’s Deputies of Ukraine (a People’s Deputy’s signature may not be recalled), the Supreme Court of Ukraine, the Authorised Human Rights Representative of the Verkhovna Rada of Ukraine and the Verkhovna Rada of the Autonomous Republic of Crimea.

 

Article 41

Subjects of the Right to Constitutional Petition for Providing Opinions by the Constitutional Court of Ukraine

Subjects of the right to constitutional petition for providing opinions by the Constitutional Court of Ukraine in cases provided for by items 2, 3 and 4 Article 13 of this Law shall be:

under item 2 – the President of Ukraine, the Cabinet of Ministers of Ukraine;

under item 3 – the Verkhovna Rada of Ukraine;

under item 4 – the President of Ukraine, no less than forty-five People’s Deputies of Ukraine (a People’s Deputy’s signature may not be recalled), the Authorised Human Rights Representative of the Verkhovna Rada of Ukraine, the Supreme Court of Ukraine, the Cabinet of Ministers of Ukraine, other bodies of state power, the Verkhovna Rada of the Autonomous Republic of Crimea, bodies of local self-government.

 

 

Article 42

Constitutional Appeal

The constitutional appeal shall be a written application to the Constitutional Court of Ukraine on the necessity of official interpretation of the Constitution of Ukraine and laws of Ukraine in order to ensure implementation or protection of the constitutional human and citizen’s rights and freedoms as well as the rights of a legal entity.

In the constitutional appeal there shall be set forth:

1)         surname, first name and patronymic of the citizen of Ukraine, foreigner or  stateless person, his/her address of residence, or name and place of location of the legal entity;

2)         information concerning the citizen’s representative authorised by law or proxy;

3)         articles (separate provisions thereof) of the Constitution of Ukraine or the Law of Ukraine, the interpretation of which is to be provided by the Constitutional Court of Ukraine;

4)     substantiation of the necessity of official interpretation of the provisions of the Constitution of Ukraine or the laws of Ukraine;

5)         information concerning other documents and materials to which the subjects of the right to constitutional appeal refer (copies of these documents and materials to be enclosed);

6)         a list of materials and documents enclosed.

The constitutional appeal, enclosed documents and other materials shall be submitted in triplicate.

Article 43

Subjects of the Right to Constitutional Appeal for Providing Opinions by the Constitutional Court of Ukraine

Subjects of the right to constitutional appeal for providing opinions by the Constitutional Court of Ukraine in case provided for by item 4 Article 13 of this Law shall be citizens of Ukraine, foreigners, stateless persons and legal entities.

 

Article 44

Withdrawal of Constitutional Petition or Constitutional Appeal

A constitutional petition or a constitutional appeal may be withdrawn upon the written submission of the subject who filed it with the Constitutional Court of Ukraine at any time before the day of its consideration at the plenary session of the Constitutional Court of Ukraine.

A procedural ruling on termination of proceedings in a case upon a constitutional petition or a constitutional appeal which is being withdrawn shall be adopted at a session of the Constitutional Court of Ukraine.

 

 

Article 45

Grounds for Refusal to Initiate Constitutional Proceedings

 

The grounds for refusal to initiate the proceedings in a case in the Constitutional Court of Ukraine shall be as follows:

 

1)         the Constitution of Ukraine and this Law do not provide for the right to constitutional petition or constitutional appeal;

2)         a constitutional petition or a constitutional appeal does not meet requirements envisaged by the Constitution of Ukraine and this Law;

3)         the Constitutional Court of Ukraine has no jurisdiction over issues raised in a constitutional petition or a constitutional appeal.

 

 

CHAPTER 7. THE PROCEEDINGS IN CASES

IN THE CONSTITUTIONAL COURT OF UKRAINE

 

Article 46

Proceedings in a Case

Initiation of the proceedings in a case in the Constitutional Court of Ukraine upon constitutional petition or constitutional appeal shall be approved by the Collegium of Judges of the Constitutional Court of Ukraine or by the Constitutional Court of Ukraine at its session.

The case in which the constitutional proceedings are initiated shall be considered by the Constitutional Court of Ukraine at a plenary session following the procedure and within the term established by this Law.

The date for consideration of a case by the Constitutional Court of Ukraine shall be determined by the Chairperson of the Constitutional Court of Ukraine.

 

Article 47

Collegia of Judges of the Constitutional Court of Ukraine

The Collegia of Judges to consider issues concerning initiation of the constitutional proceedings in cases upon constitutional petitions, and the Collegia of Judges to consider the issues concerning initiation of constitutional proceedings in cases upon constitutional appeals shall be established in the Constitutional Court of Ukraine.

Decisions on establishment of the Collegia of Judges of the Constitutional Court of Ukraine, approval of the composition and appointment of the secretaries of the Collegia of Judges shall be adopted at a session of the Constitutional Court of Ukraine during the first month of each calendar year.

The Collegium of Judges shall be headed by the secretary appointed from among the Judges who are members of the Collegium.

 

Article 48

Authorities of the Collegia of Judges of the Constitutional Court of Ukraine in Cases upon Constitutional Petitions

The Collegium of Judges of the Constitutional Court of Ukraine in cases upon constitutional petitions shall adopt a procedural ruling on initiation of the proceedings in a case in the Constitutional Court of Ukraine or on refusal to initiate the proceedings by a majority of the judges’ votes.

If the Collegium of Judges of the Constitutional Court of Ukraine adopts a procedural ruling on initiation of the proceedings in a case in the Constitutional Court of Ukraine, the Chairperson of the Constitutional Court of Ukraine shall submit this case for consideration at a plenary session of the Constitutional Court of Ukraine.

If the Collegium of Judges adopts a procedural ruling on refusal to initiate the proceedings in a case, the secretary of the Collegium of Judges shall forward the materials to the Chairperson of the Constitutional Court of Ukraine for consideration of the case at a session of the Constitutional Court of Ukraine.

 

Article 49

Authorities of the Collegia of Judges of the Constitutional Court of Ukraine in Cases upon Constitutional Appeals

The Collegium of Judges of the Constitutional Court of Ukraine in cases upon constitutional appeals shall adopt a procedural ruling on initiation of the proceedings in a case in the Constitutional Court of Ukraine or on refusal to initiate the proceedings according to the procedure established by Article 48 of this Law.

 

Article 50

Sessions of the Constitutional Court of Ukraine

The Constitutional Court of Ukraine at its sessions shall consider issues concerning initiation of the proceedings in a case in the Constitutional Court of Ukraine if the Collegium of Judges of the Constitutional Court of Ukraine adopts a procedural ruling on refusal to initiate the proceedings.

If at a session of the Constitutional Court of Ukraine a procedural ruling on initiation of the proceedings in a case in the Constitutional Court of Ukraine is adopted, this case shall be submitted by the Chairperson of the Constitutional Court of Ukraine for consideration at a plenary session of the Constitutional Court of Ukraine.

The procedural ruling adopted at a session of the Constitutional Court of Ukraine on refusal to initiate the proceedings in a case in the Constitutional Court of Ukraine shall be final.

All issues to be decided on by the Constitutional Court of Ukraine except for the issues to be decided on at its plenary session in accordance with this Law shall be considered at the sessions of the Constitutional Court of Ukraine.

Sessions of the Constitutional Court of Ukraine shall be competent provided that no less than eleven Judges of the Constitutional Court of Ukraine are present.

A decision of the Constitutional Court of Ukraine shall be deemed adopted at its session if it receives more than a half of votes of the Judges of the Constitutional Court of Ukraine who took part in the session.

 

Article 51

Plenary Sessions of the Constitutional Court of Ukraine

The Constitutional Court of Ukraine at its plenary sessions shall consider cases, the proceedings in which are initiated upon constitutional petitions and constitutional appeals as well as other issues subject to consideration by the Constitutional Court of Ukraine at its plenary sessions in accordance with this Law.

At its plenary sessions, the Constitutional Court of Ukraine shall adopt decisions on cases envisaged by item 1 Article 13 and provide opinions on cases envisaged by items 2, 3 and 4 Article 13 of this Law.

The plenary session of the Constitutional Court of Ukraine shall be competent provided no less than twelve Judges of the Constitutional Court or Ukraine are present.

Decisions of the Constitutional Court of Ukraine shall be deemed adopted and opinions of the Constitutional Court of Ukraine shall be deemed provided at plenary sessions if they receive the votes of no less than ten Judges of the Constitutional Court of Ukraine.

 

Article 52

Procedure for Conducting Plenary Sessions of the Constitutional Court of Ukraine, Sessions of the Constitutional Court of Ukraine

The procedure for conducting plenary sessions and sessions of the Constitutional Court of Ukraine shall be established by this Law and acts of the Constitutional Court of Ukraine that regulate organisation of its internal work.

Plenary sessions and sessions of the Constitutional Court of Ukraine shall be presided over by the Chairperson of the Constitutional Court of Ukraine.

 

Article 53

Responsibility for Violation of Order at the Plenary Session of the Constitutional Court of Ukraine

The chairperson of the plenary session of the Constitutional Court of Ukraine shall ensure that the order during its conduct is respected.

Participants in the constitutional proceedings and those present in the Session Hall of the Constitutional Court of Ukraine shall be forewarned of the necessity to respect the established order.

In the event of demonstrating disrespect for the Constitutional Court of Ukraine or hindering the conduct of its plenary session, the offender of order shall be brought to responsibility under the law.

The ruling on imposition of responsibility shall be adopted by the Constitutional Court of Ukraine upon the proposal of the chairperson in the Session Hall of the Constitutional Court of Ukraine.

The offender of order shall be removed from the Session Hall of the Constitutional Court of Ukraine.

 

Article 54

Ensuring Completeness of Consideration of a Case by the Constitutional Court of Ukraine

The Collegium of Judges of the Constitutional Court of Ukraine during preparation of a case and the Constitutional Court of Ukraine during consideration of a case, shall have the right to request the necessary documents, materials and other information concerning the case from the Verkhovna Rada of Ukraine, the President of Ukraine, the Prime Minister of Ukraine, the Prosecutor General of Ukraine, judges, bodies of state power, bodies of the Autonomous Republic of Crimea, bodies of local self-government, officials, enterprises, institutions, organisations of all forms of ownership, political parties and other associations of citizens as well as individual citizens.

The Collegium of Judges of the Constitutional Court of Ukraine during preparation of the case and the Constitutional Court of Ukraine during consideration of the case, where necessary, shall designate expertise on the case and decide on issues concerning the involvement of experts in the constitutional proceedings.

The Collegium of Judges of the Constitutional Court of Ukraine during preparation of a case and the Constitutional Court of Ukraine during consideration of the case shall have the right to summon officials, experts, witnesses, representatives authorised by law or proxy and citizens in order to ensure unbiased and complete consideration of the case.

Avoidance without a valid reason of appearing before the Collegium of Judges of the Constitutional Court of Ukraine or the Constitutional Court of Ukraine as well as refusal to present the requisite documents, materials and other information or their intentional concealment shall entail liability of the responsible persons under the law.

 

Article 55

Participants in Constitutional Proceedings

Participants in constitutional proceedings shall be subjects of the right to constitutional petition and constitutional appeal and their representatives, as well as bodies, officials, witnesses, experts and interpreters involved by the Constitutional Court of Ukraine to participate in consideration of the case.

Failure of a participant in constitutional proceedings to appear at a plenary session or a session of the Constitutional Court of Ukraine for a valid reason may be grounds to postpone the consideration of the case.

Repeated failure of a participant in constitutional proceedings to appear at a plenary session or a session of the Constitutional Court of Ukraine for a valid reason, the Constitutional Court of Ukraine may adopt a decision on consideration of the case at the respective session in his/her absence.

Failure of a participant in constitutional proceedings to appear without a valid reason, the Constitutional Court of Ukraine shall adopt the decision in his/her absence.

 

Article 56

Language of Constitutional Proceedings

The Constitutional Court of Ukraine shall consider cases, adopt decisions, provide opinions and promulgate them in the state language.

Participants in constitutional proceedings who do not have command of the state language shall have the right to use an interpreter. Participants in the constitutional proceedings shall notify the Constitutional Court of Ukraine in due time about their intention to use an interpreter.

 

Article 57

Term of Constitutional Proceedings

The term of the proceedings in cases upon constitutional petitions shall not exceed three months.

If a constitutional petition is recognised by the Constitutional Court of Ukraine as urgent, the term for consideration of such a petition shall not exceed one month.

 

The term of the proceedings in cases upon constitutional appeals shall not exceed six months.

Calculation of the terms of constitutional proceedings shall begin on the day of adoption of the procedural ruling on initiation of the constitutional proceedings in a case.

 

Article 58

Joining of Constitutional Proceedings

If several constitutional petitions, constitutional appeals concerning the same issue are filed with the Constitutional Court of Ukraine, constitutional proceedings therein shall be joined.

 

Article 59

Compensation of Expenses to Participants in Constitutional Proceedings

The expenses incurred by the participants in constitutional proceedings shall be compensated from the budgetary funds as decided by the Constitutional Court of Ukraine.

 

Article 60

State Duty

Constitutional petitions and constitutional appeals shall be filed with the Constitutional Court of Ukraine without payment of state duty.

If a repeated filing of a constitutional petition or a constitutional appeal on the issue that was already considered by the Constitutional Court of Ukraine constitutes abuse of the right, the Constitutional Court of Ukraine, after adoption of a ruling on refusal to initiate constitutional proceedings in a case, may adopt a decision on exaction from the subject of the right to constitutional petition or constitutional appeal of state duty in the amount established by law.

 

CHAPTER 8. DECISIONS AND OPINIONS OF THE CONSTITUTIONAL COURT OF UKRAINE

 

Article 61

Decisions of the Constitutional Court of Ukraine

The Constitutional Court of Ukraine shall adopt decisions upon consideration of cases concerning constitutionality of laws and the other legal acts of the Verkhovna Rada of Ukraine, acts of the President of Ukraine, acts of the Cabinet of Ministers of Ukraine and legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea.

The Constitutional Court of Ukraine may recognise a legal act, in whole or in part, as unconstitutional.

If in the course of consideration of a case upon a constitutional petition or a constitutional appeal there has been revealed non-conformity with the Constitution of Ukraine of legal acts (separate provisions thereof) other than those in which constitutional proceedings are initiated and which have an impact on adopting a decision or providing an opinion on the case, the Constitutional Court of Ukraine shall recognise such legal acts (separate provisions thereof) as unconstitutional.

 

Article 62

Opinions of the Constitutional Court of Ukraine

 

The Constitutional Court of Ukraine shall provide opinions in cases concerning:

official interpretation of the Constitution of Ukraine and laws of Ukraine;

conformity of international treaties of Ukraine that are in force or international treaties submitted to the Verkhovna Rada of Ukraine for granting consent to their binding nature with the Constitution of Ukraine;

observance of the constitutional procedure for investigation and consideration of a case on removal of the President of Ukraine from office through impeachment.

 

 

Article 63

Adopting Decisions and Providing Opinions by the Constitutional Court of Ukraine

Decisions shall be adopted and opinions shall be provided by the Constitutional Court of Ukraine through individual voting in the form of interrogating of Judges of the Constitutional Court of Ukraine.

Proposals of Judges of the Constitutional Court of Ukraine regarding a draft decision or opinion shall be voted in the order in which they are received.

Judges of the Constitutional Court of Ukraine may not abstain from voting except in the cases, provided by the first paragraph of Article 191 of this Law, in which they are obliged to abstain from voting”.

Decisions and opinions of the Constitutional Court of Ukraine shall be substantiated in a written form, signed individually by Judges of the Constitutional Court of Ukraine who voted for and who voted against, and promulgated. They shall be final and may not be appealed.

Signing a decision or opinion of the Constitutional Court of Ukraine by a Judge of the Constitutional Court of Ukraine shall be mandatory.

 

Article 64

Dissenting Opinion of a Judge of the Constitutional Court of Ukraine

Dissenting opinion of a Judge of the Constitutional Court of Ukraine who signed a decision or an opinion of the Constitutional Court of Ukraine shall be stated by a Judge of the Constitutional Court of Ukraine in a written form and attached to the decision or the opinion of the Constitutional Court of Ukraine.

 

Article 65

Contents of a Decision of the Constitutional Court of Ukraine

Decision of the Constitutional Court of Ukraine shall contain:

1)         title of the decision, date and place of adopting the decision, its number;

2)         names of the Judges of the Constitutional Court of Ukraine who took part in consideration of the case;

3)         list of participants in the Court’s session;

4)         contents of the constitutional petition;

5)         full title, date of adoption, index number of the legal act which constitutionality is under consideration;

  • provisions of the Constitution of Ukraine which the Constitutional Court of Ukraine was guided with when adopting the decision;

7)         motivation part of the decision;

8)         resolutive part of the decision;

9)         statement that the decision of the Constitutional Court of Ukraine is final and may not be appealed.

 

Article 66

Contents of an Opinion of the Constitutional Court of Ukraine

Opinion of the Constitutional Court of Ukraine shall contain:

1)         title of the opinion, date and place of providing the opinion, its number;

2)         names of the Judges of the Constitutional Court of Ukraine who took part in consideration of the case;

3)         list of participants in the Court’s session;

4)         contents of the constitutional petition or the constitutional appeal;

5)        provisions of the Constitution of Ukraine which the Constitutional Court of Ukraine was guided with when providing the opinion;

6)         motivation part of the opinion;

7)         resolutive part of the opinion;

8)         statement that the opinion of the Constitutional Court of Ukraine is final and may not be appealed.

 

Article 67

Official Promulgation of Decisions and Opinions of the Constitutional Court of Ukraine

Decisions and opinions of the Constitutional Court of Ukraine shall be signed no later than seven days after adopting the decision or providing the opinion.

Decisions and opinions of the Constitutional Court of Ukraine shall be officially promulgated the next working day after their signature.

Decisions and opinions of the Constitutional Court of Ukraine together with the dissenting opinions of Judges of the Constitutional Court of Ukraine shall be published in the “Bulletin of the Constitutional Court of Ukraine” and other official publications of Ukraine.

 

 

Article 68

Grounds for Re-Initiation of Proceedings in a Case

The Constitutional Court of Ukraine shall re-initiate proceedings in a case if the circumstances of the case, which were not considered but which existed at the time of the consideration of the case and adoption of a decision or providing an opinion on the case are found.

 

Article 69

Binding Nature of Decisions and Opinions of the Constitutional Court of Ukraine

Decisions and opinions of the Constitutional Court of Ukraine shall be equally binding.

 

Article 70

Execution of Decisions and Opinions of the Constitutional Court of Ukraine

Copies of decisions and opinions of the Constitutional Court of Ukraine shall be sent next working day after their official promulgation to the subject of the right to constitutional petition or constitutional appeal upon whose initiative the case was considered, to the Ministry of Justice of Ukraine as well as to the state body that adopted the legal act which was considered by the Constitutional Court of Ukraine.

Where necessary, the Constitutional Court of Ukraine may determine in its decision or opinion the procedure and terms of their execution and oblige appropriate state bodies to ensure execution of the decision or adherence to the opinion.

The Constitutional Court of Ukraine has the right to demand from bodies stated in this Article a written confirmation of execution of the decision or adherence to the opinion of the Constitutional Court of Ukraine.

Failure to execute decisions or adhere to opinions of the Constitutional Court of Ukraine shall entail liability under the law.

 

 

SECTION III

TYPES OF CONSTITUTIONAL PROCEEDINGS

 

CHAPTER 9. PROCEEDINGS IN CASES

UNDER ITEM 1 ARTICLE 13 OF THIS LAW

 

Article 71

Filing Constitutional Petitions

Constitutional petitions which are submitted by subjects of the right to constitutional petition set forth in Article 40 of this Law to the Constitutional Court of Ukraine shall contain arguments and statements concerning unconstitutionality of laws, other legal acts of the Verkhovna Rada of Ukraine, acts of the President of Ukraine, acts of the Cabinet of Ministers of Ukraine or legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea.

Subjects of the right to constitutional petition may appoint up to three representatives for participation in consideration of the case.

 

Article 72

Participation in Constitutional Proceedings

The Constitutional Court of Ukraine shall ensure participation in the constitutional proceedings in a case of representatives of the state bodies which acts are disputed concerning their constitutionality in a constitutional petition.

 

Article 73

Decisions in Cases

The Constitutional Court of Ukraine shall adopt decisions concerning constitutionality of acts set forth in item 1 Article 13 of this Law.

If such acts or separate provisions thereof are recognised as non-conforming with the Constitution of Ukraine (unconstitutional) they shall be declared invalid and lose their legal force from the day the Constitutional Court of Ukraine adopts the decision on their unconstitutionality.

Article 74

Settlement of Legal Relations that Emerged on the Basis of an Act Recognised as Unconstitutional

The Constitutional Court of Ukraine may determine that its decision has pre-judicial effect for courts of general jurisdiction during consideration of claims in connection with legal relations that emerged on the basis of an unconstitutional act.

 

 

CHAPTER 10. PROCEEDINGS IN CASES CONCERNING CONSTITUTIONALITY OF LEGAL ACTS CAUSING DISPUTES REGARDING AUTHORITIES OF THE CONSTITUTIONAL BODIES OF STATE POWER OF UKRAINE, BODIES OF THE AUTONOMOUS REPUBLIC OF CRIMEA AND BODIES OF LOCAL SELF-GOVERNMENT

 

Article 75

Grounds for Constitutional Petition

The grounds for a constitutional petition shall be a dispute regarding authorities of the constitutional bodies of state power of Ukraine, bodies of the Autonomous Republic of Crimea and bodies of local self-government if one of the subjects of the right to constitutional petition set forth in Article 40 of this Law considers that legal acts set forth in item 1 Article 13 of this Law which establish the authorities of the mentioned bodies do not conform with the Constitution of Ukraine.

 

Article 76

Right to Participate in the Case

Every subject of the right to constitutional petition set forth in Article 40 of this Law may apply to the Constitutional Court of Ukraine with a constitutional petition concerning authorities of the constitutional bodies of state power of Ukraine, bodies of the Autonomous Republic of Crimea and bodies of local self-government at any stage of constitutional proceedings if it considers that the decision of the Constitutional Court of Ukraine on the case may influence the scope of their authorities.

 

 

Article 77

The Resolutive Part of Decision

A conclusion concerning the constitutionality of a legal act which establishes the authorities of the constitutional bodies of state power of Ukraine, bodies of the Autonomous Republic of Crimea and bodies of local self-government shall be provided in the resolutive part of the decision of the Constitutional Court of Ukraine.

 

CHAPTER 11. PROCEEDINGS IN CASES CONCERNING CONSTITUTIONALITY OF ACTS ON CALLING ELECTIONS, AN ALL-UKRAINIAN REFERENDUM OR LOCAL REFERENDUM IN THE AUTONOMOUS REPUBLIC OF CRIMEA

 

Article 78

Term for Filing a Constitutional Petition

A constitutional petition for providing opinions concerning the constitutionality of the acts on calling elections, an All-Ukrainian referendum or local referendum in the Autonomous Republic of Crimea may be filed with the Constitutional Court of Ukraine no later than one month from the day of the official announcement of the date of calling, cancellation or delay in accordance with the established procedure of elections, an all-Ukrainian referendum or local referendum in the Autonomous Republic of Crimea.

 

Article 79

Subject Matter of Consideration

The Constitutional Court of Ukraine shall consider issues concerning constitutionality of legal acts of the Verkhovna Rada of Ukraine, acts of the President of Ukraine and legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea on calling elections, an All-Ukrainian referendum or local referendum in the Autonomous Republic of Crimea.

 

Article 80

Participation in Constitutional Proceedings

The Constitutional Court of Ukraine may involve representatives of the bodies that called elections, an All-Ukrainian referendum or a local referendum in the Autonomous Republic of Crimea as well as the bodies vested with authorities to conduct elections or referenda, a representative of the Central Election Commission and representatives of the state bodies, bodies of local self-government or bodies vested with authorities to conduct elections, referenda to participate in consideration of a case.

Where necessary, the Constitutional Court of Ukraine may involve representatives of political parties and other associations of citizens to participate in consideration of a case.

 

Article 81

Resolutive Part of Decision

A conclusion concerning the constitutionality of the acts on calling elections, an All-Ukrainian referendum or a local referendum in the Autonomous Republic of Crimea shall be provided in the resolutive part of the decision of the Constitutional Court of Ukraine.

If these acts are recognised as unconstitutional the decision of the Constitutional Court of Ukraine shall contain a statement about termination of activities of all bodies established to conduct respective elections or referenda, destruction of ballots, campaigning materials, termination of financing elections or referenda and returning funds that were transferred but not used to the State revenues.

CHAPTER 12. PROCEEDINGS IN CASES CONCERNING CONFORMITY OF PROVISIONS OF EFFECTIVE LEGAL ACTS SET FORTH IN ITEM 1 ARTICLE 13 OF THIS LAW WITH THE CONSTITUTIONAL PRINCIPLES AND NORMS CONCERNING HUMAN AND CITIZEN’S RIGHTS AND FREEDOMS

 

Article 82

Grounds for Raising the Issue on Initiation of Constitutional Proceedings

 

Grounds for raising the issue on initiation of proceedings in a case concerning conformity of norms of the effective legislation with the principles and norms of the Constitution of Ukraine concerning human and citizen’s rights and freedoms shall be:

1)         disputable questions concerning constitutionality of laws and other legal acts adopted and promulgated in accordance with the established procedure;

2)         disputable questions concerning constitutionality of legal acts revealed in the process of general court proceedings;

3)         disputable questions concerning constitutionality of legal acts revealed by bodies of executive power during their application and by the Authorised Human Rights Representative of the Verkhovna Rada of Ukraine during his/her activities.

 

Article 83

Issues of Constitutionality which Emerge during General Court Proceedings

If a dispute concerning constitutionality of a norm of the law applied by the court arises in the process of general court proceedings, the examination of the case shall be suspended.

Under such circumstances, constitutional proceedings in a case shall be initiated and the case shall be considered by the Constitutional Court of Ukraine immediately.

CHAPTER 13. PROCEEDINGS IN CASES CONCERNING CONSTITUTIONALITY OF LEGAL ACTS WHICH INCONSISTENTLY REGULATE THE REALISATION OF THE CONSTITUTIONAL HUMAN AND CITIZEN’S RIGHTS AND FREEDOMS

 

Article 84

Subject Matter of Constitutional Proceedings and Procedure for Their Initiation

The subject matter of constitutional proceedings in cases concerning constitutionality of norms of laws, which inconsistently regulate the realisation of the constitutional human and citizen’s rights and freedoms shall be resolution of disputable issues concerning constitutionality of norms of two or more laws or acts of international law recognised as obligatory on the territory of Ukraine, which inconsistently regulate realisation of the same constitutional rights and freedoms and thus substantially restrict the possibilities of their exercise.

 

 

Article 85

Initiation of Proceedings in Case and Contents of the Decision

Constitutional proceedings in a case shall be initiated by subjects of the right to constitutional petition set forth in Article 40 of this Law.

The decision of the Constitutional Court of Ukraine shall determine norms of which law are constitutional and norms of which law are unconstitutional and invalid.

 

CHAPTER 14. PROCEEDINGS IN CASES UNDER ITEM 2

ARTICLE 13 OF THIS LAW

 

Article 86

Subject Matter of Proceedings

The Constitutional Court of Ukraine shall consider cases and provide opinions concerning the constitutionality of:

1)         international treaties of Ukraine that are in force;

2)         international treaties of Ukraine submitted to the Verkhovna Rada of Ukraine for granting consent to their binding nature.

 

Article 87

Providing Opinions on Constitutionality of International Treaties that are in Force

Issues concerning constitutionality of an international treaty that is in force shall be considered by the Constitutional Court of Ukraine upon the constitutional petition of the President of Ukraine, the Cabinet of Ministers of Ukraine.

When opinions on non-conformity of an international treaty with the Constitution of Ukraine are provided, the Constitutional Court of Ukraine within the same proceedings shall resolve the issues concerning unconstitutionality of this treaty or separate parts thereof.

Article 88

Providing Opinions on Constitutionality of International Treaties Submitted to the Verkhovna Rada of Ukraine for Granting Consent to their Binding Nature

Issues concerning constitutionality of international treaties submitted to the Verkhovna Rada of Ukraine for granting consent to their binding nature shall be considered by the Constitutional Court of Ukraine upon the constitutional petition of the President of Ukraine, the Cabinet of Ministers of Ukraine before adoption of a respective law by the Verkhovna Rada of Ukraine.

Initiation of constitutional proceedings in such cases shall entail suspension of consideration by the Verkhovna Rada of Ukraine of the issue concerning granting consent to their binding nature.

 

Article 89

Consideration of Cases Concerning Constitutionality of Legal Acts on Entry into Force of International Treaties of Ukraine

Issues concerning constitutionality of legal acts of the Verkhovna Rada of Ukraine, the President of Ukraine or the Cabinet of Ministers of Ukraine on entry into force of international treaties of Ukraine shall be considered by the Constitutional Court of Ukraine in accordance with item 1 Article 13 upon constitutional petitions of the subjects set forth in Article 40 of this Law.

During the consideration of the case concerning constitutionality of a legal act stated in paragraph one of this Article, the Constitutional Court of Ukraine at the same time shall provide opinion on constitutionality of the international treaty of Ukraine that entered into force under this legal act.

 

CHAPTER 15. PROCEEDINGS IN CASES SET FORTH IN ITEM 3 ARTICLE 13 OF THIS LAW

 

Article 90

Initiation of Constitutional Proceedings in Cases Concerning Observance of the Constitutional Procedure for Investigation and Consideration of a Case on Removal of the President of Ukraine from Office through Impeachment

The grounds for initiation of constitutional proceedings in the case shall be a constitutional petition of the Verkhovna Rada of Ukraine on the issue of providing an opinion concerning observance of the constitutional procedure for investigation and consideration of the case on removal of the President of Ukraine from office through impeachment.

The mentioned constitutional petition of the Verkhovna Rada of Ukraine shall be supplemented with the following documents and materials:

on initiation of the issue on removal of the President of Ukraine from office through impeachment;

on establishment and activities of the special temporary investigation commission of the Verkhovna Rada of Ukraine as well as opinions and proposals of this commission;

on consideration of the opinions and proposals of the temporary investigation commission by the Verkhovna Rada of Ukraine;

decision of the Verkhovna Rada of Ukraine on bringing the accusation of state treason or another crime against the President of Ukraine;

decision of the Verkhovna Rada of Ukraine on applying to the Constitutional Court of Ukraine.

 

Article 91

Termination of Constitutional Proceedings

The voluntary resignation of the President of Ukraine against whom accusation is brought shall constitute grounds for termination of constitutional proceedings in the case.

The person shall be then brought to legal responsibility under the general procedure.

 

 

Article 92

Opinion of the Constitutional Court of Ukraine

The Constitutional Court of Ukraine shall provide an opinion on the case concerning observance of the constitutional procedure for investigation and consideration of the case on removal of the President of Ukraine from office through impeachment in accordance with paragraph six Article 111 of the Constitution of Ukraine.

 

CHAPTER 16. PROCEEDINGS IN CASES SET FORTH IN ITEM 4 ARTICLE 13 OF THIS LAW

 

 

Article 93

Grounds for Constitutional Petition

The grounds for a constitutional petition for an official interpretation of the Constitution of Ukraine and laws of Ukraine shall be the practical necessity of clarification, explanation and official interpretation of provisions of the Constitution of Ukraine and laws of Ukraine.

If constitutional proceedings are initiated, the Constitutional Court of Ukraine shall notify the subjects of the right to constitutional petition who applied with such a petition within ten days.

 

Article 94

Grounds for Constitutional Appeal

The grounds for a constitutional appeal concerning official interpretation of the Constitution of Ukraine and laws of Ukraine shall be dubious application of provisions of the Constitution of Ukraine or laws of Ukraine by courts of Ukraine, other state bodies, if the subject of the right to constitutional appeal considers it may lead or has led to violation of his/her constitutional rights and freedoms.

 

Article 95

Resolutive Part of Opinion of the Constitutional Court of Ukraine

Official interpretation of provisions of the Constitution of Ukraine and laws of Ukraine which was requested for in the constitutional petition or the constitutional appeal shall be provided in the resolutive part of an opinion of the Constitutional Court of Ukraine.

If during interpretation of a law of Ukraine (separate provisions thereof) non-conformity of this law of Ukraine (separate provisions thereof) with the Constitution of Ukraine is established, the Constitutional Court of Ukraine shall decide on the issue concerning the unconstitutionality of such a law in the same proceedings.

 

SECTION IV

FINAL AND TRANSITITIONAL PROVISIONS

  1. This Law shall enter into force from the day of its publication.
  2. After the entry of this Law into force, the Law of Ukraine “On the Constitutional Court of Ukrainedated June 3, 1992 with amendments adopted on February 4, 1993, and the Resolution of the Verkhovna Rada of Ukraine “On the Procedure for Enactment of the Law of Ukraine “On the Constitutional Court of Ukraine” dated June 3, 1992 shall lose their force.
  3. The jurisdiction of the Constitutional Court of Ukraine concerning the conformity with the Constitution of Ukraine (constitutionality) shall extend to:

1)   laws of Ukraine except laws of Ukraine on introducing amendments to the Constitution of Ukraine that entered into force, 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, adopted after the Constitution of Ukraine has entered into force;

(sub-item 1 item 3 Section IV as amended by the Law No.79-V dated August 4, 2006)

(provision of sub-item 1 item 3 Section IV reading: “except laws of Ukraine on introducing amendments to the Constitution of Ukraine that entered into force” lost legal force due to its unconstitutionality in accordance with the Decision of the Constitutional Court of Ukraine No. 13-rp/2008 dated June 26, 2008)

2) laws of Ukraine and other legal acts of the Verkhovna Rada of Ukraine and its bodies, 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 adopted before the Constitution of Ukraine entered into force;

(jurisdiction of the Constitutional Court of Ukraine concerning constitutionality of legal acts of the bodies of the Verkhovna Rada of Ukraine extends only to normative acts of the Presidium of the Verkhovna Rada of Ukraine adopted before enactment of the Constitution of Ukraine in accordance with the Decision of the Constitutional Court of Ukraine No. 2-zp dated June 23, 1997)

3) All international treaties of Ukraine that are in force or those international treaties submitted to the Verkhovna Rada of Ukraine for granting consent to their binding nature.

  1. The Constitutional Court of Ukraine shall begin to accept constitutional petitions and constitutional appeals for consideration from January 1, 1997.
  2. The session of the Verkhovna Rada of Ukraine convened to swear in the Judges of the Constitutional Court of Ukraine shall take place no later than one month after the first appointment of Judges of the Constitutional Court of Ukraine.
  3. The first special plenary session of the Constitutional Court of Ukraine for the election of the Chairperson of the Constitutional Court of Ukraine shall be convened on the day the Judges who constitute the competent composition of the Constitutional Court of Ukraine take the oath.

This session shall be conducted under the presidency of the oldest Judge of the Constitutional Court of Ukraine.

  1. Until the issue of establishment of the Committees of the Verkhovna Rada of Ukraine is resolved, the functions of the Committee of the Verkhovna Rada of Ukraine set forth in paragraph two Article 7 of this Law shall be performed by the Standing Commission of the Verkhovna Rada of Ukraine.
  2. The costs on the maintenance of the Constitutional Court of Ukraine until January 1, 1997 shall be paid at the expense of the Verkhovna Rada of Ukraine and compensated from the reserve fund of the Cabinet of Ministers of Ukraine.
  3. The Cabinet of Ministers of Ukraine within three months after the day of entry into force of this Law shall provide the Constitutional Court of Ukraine, its sub-divisions and services with a separate building in Kyiv. It shall also provide equipment and resolve the issues of financial, material and technical support of the operation of the Constitutional Court of Ukraine.

 

President of Ukraine                                                            L.KUCHMA

City of Kyiv, October 16, 1996