V. Skomorokha
Honoured lawer,
President of the Constitutional Court of the Ukraine

Resume

"On the activities of the Constitutional Court of Ukraine"

The constitutional jurisdiction as a form of constitutional control is a new institution in history of the Ukrainian statehood. Its emergence is stipulated by transition to forming free civil society, sovereign and independent, democratic, social, legal state.

The process of state and legal system reform takes its rise in the adoption of the Declaration of State Sovereignty of Ukraine on July 16, 1990 and the Act of Declaration of the Independence of Ukraine on August 24, 1991 by the Verkhovna Rada of the Ukrainian Soviet Socialist Republic. This Declaration, in particular, declared the exercise of state power in Ukraine "according to the principle of its separation in legislative, executive and judicial ones". It became a legal base for amending by the Law of October 24, 1990 the Constitution (Basic Law) of the USSR of 1978 as regards the organization and operation of state authorities as a whole and constitutional control particularly. The provisions on the establishment of the Constitutional Court of Ukraine by the Verkhovna Rada of the USSR amended Art. 112 of the USSR Constitution. However, the Constitutional Court of Ukraine had not been created until the Basic Law off Ukraine was adopted.

The adoption of the Constitution of Ukraine on June 28, 1996 became an important stage on the way of the establishment of constitutional jurisdiction in Ukraine. Furthermore, the order of creation of the Constitutional Court of Ukraine, defined as the sole body of constitutional jurisdiction in Ukraine, was modified by the Basic Law.

The organization, authorities and arrangement of activities of the Constitutional Court of Ukraine are established by the Constitution of Ukraine and the Law of Ukraine "On the Constitutional Court of Ukraine".

The Constitutional Court of Ukraine is composed of 18 judges. The President of Ukraine, the Verkhovna Rada of Ukraine and Congress of Judge of Ukraine each appoint six judges to the Constitutional Court of Ukraine.

Judge of the Constitutional Court of Ukraine is appointed for a term of nine years with no right to reappointment. The limiting age for the office of judges of the Constitutional Court of Ukraine is 65. The Chairman of the Constitutional Court of Ukraine is elected at a special Plenary Session of the Constitutional Court of Ukraine from of the judges of the Constitutional Court of Ukraine for a single three-year period by secret voting.

Except the plenary sessions of the Constitutional Court of Ukraine where the cases are considered on the merits resulting the adoption of a decision or providing an opinion under the constitutional appeals and constitutional petitions, the College of judges to consider the issues on opening or refusal to open an examination of cases arising from the constitutional appeals and constitutional petitions are created. At the moment there are three College of judges (six judges in each one).

The Constitutional Court of Ukraine at its sessions examines issues on opening the examination of a case when the College of judges adopts a procedural decision on refusing to open the examination. Where the examination of a case is open by the College of judges or by the Constitutional Court of Ukraine this case is submitted by the Chairman of the Constitutional Court of Ukraine for consideration to the Plenary session of the Constitutional Court of Ukraine.

The Constitutional Court of Ukraine adopts decisions in the cases on conformity with the Constitution (constitutionality) of laws and other legal acts of the Verkhovna Rada of Ukraine, acts of President of Ukraine, acts of the Cabinet of Ministers of Ukraine, legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea. The official interpretation of the Constitution and laws of Ukraine is also covered by its authority.

On the appeal of the President of Ukraine or the Cabinet of Ministers the Constitutional Court of Ukraine provides opinions on conformity with the Constitution of Ukraine of international treaties of Ukraine that are in force, or those international treaties submitted to the Verkhovna Rada of Ukraine for consent to their binding nature, and on the appeal of the Verkhovna Rada of Ukraine it provides an opinion on the adherence to the constitutional procedure for investigating and considering cases as to removing the President of Ukraine from office through impeachment.

The authority of the Constitutional Court of Ukraine is not limited to this. It provides an opinion on the conformity of a draft law on amending the Ukrainian Constitution with requirements of the Constitution of Ukraine and whether the Constitution or laws of Ukraine have been violated by the Verkhovna Rada of the Autonomous Republic of Crimea in case of solving by the Verkhovna Rada of Ukraine the issue of termaning prior to the expiration of the term of its authority.

The authority of the Constitutional Court of Ukraine does not cover issues concerning the legality of acts of state power authorities, power authorities of the Verkhovna Rada of the Autonomous Republic of Crimea and local self-government authorities, as well as the other issues which are subject to the authority of the courts of general jurisdiction.

The Constitutional Court of Ukraine is one of the parts of the unified judicial power. Being outside the hierarchic structure of general courts it is one of the components of the judicial power.

The competence of the Constitutional Court as well as the competence of the other public authorities is directly regulated by the Constitution of Ukraine. Being one of public authorities, the Constitutional Court of Ukraine fulfils protection, coordination, integration, law-making and other functions that determine its legal nature. However, it does not mean that the Constitutional Court of Ukraine itself represents higher state power in Ukraine.

In accordance with the provisions of Article 147 of the Constitution of Ukraine and Article 2 of the Law of Ukraine "On the Constitutional Court of Ukraine" the main purpose of the establishment of the Constitutional Court of Ukraine and its task is to quarantine the supremacy of the Constitution of Ukraine as the Fundamental Law of the State. Within its competence the Constitutional Court of Ukraine is entrusted to protect the Constitution and its stability. The very protection of the Constitution of Ukraine is the core of 53 decisions and 6 opinions, provided by the Court by January 1, 2001.

The decisions of the Constitutional Court of Ukraine were related to: incompatibility of deputy's mandate with any other activities; constitutionality of interpretation by the Verkhovna Rada of Ukraine of Article 98 of the Constitution of Ukraine; scope of powers of the Accounts Chamber; powers of the President of Ukraine to appoint deputy chairmen of the local public administrations; elections of the People's Deputies of Ukraine, Mayors of Kiev and Sevastopol; jurisdiction of the High Arbitration Court of Ukraine; paid medical services; creation of factions in the Verkhovna Rada of Ukraine; deputy's immunity; inquiries of People's Deputies of Ukraine; financing of courts; the use of the Ukrainian language; death penalty; local self-government; All-Ukrainian referendum by people's initiative; retroactivity of a criminal law in time; temporary exercise of officials' duties; execution of decisions of the Constitutional Court of Ukraine; right to choose freely a defender; definition of the type of small privatization; patenting entrepreneurship; zone of alienation resulting from Chernobyl catastrophe; some other questions.

In adopting a decision on disputable issues the Constitutional Court of Ukraine is guided to decide a case on grounds of political expedience. During the period of its operation the Constitutional Court of Ukraine recognized: entirely unconstitutional - 2 laws of Ukraine, 2 decrees of the Verkhovna Rada of Ukraine, 3 acts of the Verkhovna Rada of the Autonomous Republic of Crimea; fully or partially unconstitutional - 82 articles (article provisions) of laws of articles 9provisions, items0 of some other legal acts. Official interpretations of the Court concerned 39 articles (provisions) of laws of Ukraine.

The practice of the constitutional jurisdiction bodies operation on the protection of constitutional rights and freedoms of individuals and citizens shows that their role is more important in cases if the state legislation provides a right of an individual for direct application to these authorities for protection of constitutional rights and freedoms. Acting Constitution of Ukraine and the Law of Ukraine "On the Constitutional Court of Ukraine" defined legal base for natural and juridical person's access to indirect protection of their rights by means of application (under certain conditions) to the Constitutional Court of Ukraine on issues of the official interpretation of the provisions of the Constitution of Ukraine and the laws of Ukraine regarding the applicants. Such interpretations have been given concerning: application to the court against unlawful acts of military community chief; confidential information about the person; the date of entry into force of the Constitution of Ukraine; filing bills against the Cabinet of Ministers of Ukraine as to meeting the obligations on bonds of State purpose interest for loan of 1990; zone of alienation of Chernobyl power station etc.

While deciding cases dealing with human rights and fundamental freedoms, the Constitutional Court of Ukraine often refers to universally recognized principles and rules of the International Law. In its decisions the Constitutional Court, in particular, protected such constitutional rights and freedoms as: inherent right to life; freedom of association; right to participate in public management; the electoral vote; right to respect for private life; right to social protection; right for free medical assistance in public hospitals and in institutions of higher medical education; freedom of trade union's activities; right to a fair trial etc.

By ratification of the European Convention on Human Rights and Fundamental Freedoms any Ukrainian citizen, foreigner or stateless person are enabled to address to the European Court of Human Rights for protection of his or her rights and freedoms if they consider that their relevant rights and freedoms were violated and were not protected by the national means of legal protection in Ukraine. At the time being the above-mentioned Court has not examined any case against the Ukrainian State.

The organizational, scientific and expert, informational and reference and other facilities for the activity of the Constitutional Court of Ukraine are performed by the Secretariat of the Constitutional Court of Ukraine. The Regulation on the Secretariat, its structure and stuff has been approved at session of the Constitutional Court. The important sections of the Secretariat Structure are the Archives and the Library of the Constitutional Court of Ukraine.

The Constitutional Court provides regular publication of its official edition "Bulletin of the Constitutional Court of Ukraine".

We maintain cooperation with constitutional jurisdiction bodies of the Federal Republic Of Germany, the Kingdom of Belgium, the Kingdom of Spain, the Republic of Austria, the French Republic, the Republic of Hungary, the Slovak Republic, the Republic of Slovenia, the Russian Federation, the Republic of Poland, the Republic of Armenia, the Azerbaijan Republic, the Republic of Belarus, Georgia and other countries.

In October 2000 the Constitutional Court of Ukraine was admitted as a full member to the European Conference of constitutional courts. This fact proves the recognition of its high reputation among the European constitutional jurisdiction authorities.