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Constitutional Court of Ukraine
Article 147
• The Constitutional Court of Ukraine is the sole body of constitutional
jurisdiction in Ukraine.
• The Constitutional Court of Ukraine decides on issues of conformity
of laws and other legal acts with the Constitution of Ukraine and provides
the official interpretation of the Constitution of Ukraine and the laws
of Ukraine.
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.
• A citizen of Ukraine who has attained the age of forty on the
day of appointment, has a higher legal education and professional experience
of no less than ten years, has resided in Ukraine for the last twenty
years, and has command of the state langua ge, may be a judge of the Constitutional
Court of Ukraine.
• A judge of the Constitutional Court of Ukraine is appointed for
nine years without the right of appointment to a repeat term.
• The Chairman of the Constitutional Court of Ukraine is elected
by secret ballot only for one three-year term at a special plenary meeting
of the Constitutional Court of Ukraine from among the judges of the Constitutional
Court of Ukraine.
Article 149
• Judges of the Constitutional Court of Ukraine are subject to the
guarantees of independence and immunity and to the grounds for dismissal
from office envisaged by Article 126 of this Constitution, and the requirements
concerning incompatibility as det ermined in Article 127, paragraph two
of this Constitution. |
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Article 150
• The authority of the Constitutional Court of Ukraine comprises:
• 1) deciding on issues of conformity with the Constitution of Ukraine
(constitutionality) of the following:
• 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.
• These issues are considered on the appeals of: the President of
Ukraine; no less than forty-five National Deputies of Ukraine; the Supreme
Court of Ukraine; the Authorised Human Rights Representative of the Verkhovna
Rada of Ukraine; the Verkhovna Ra da of the Autonomous Republic of Crimea;
• 2) the official interpretation of the Constitution of Ukraine and
the laws of Ukraine;
• On issues envisaged by this Article, the Constitutional Court of
Ukraine adopts decisions that are mandatory for execution throughout the
territory of Ukraine, that are final and shall not be appealed.
Article 151
• The Constitutional Court of Ukraine, on the appeal of the President
of Ukraine or the Cabinet of Ministers of Ukraine, provides opinions on
the conformity with the Constitution of Ukraine of international treaties
of Ukraine that are in force, or the international treaties submitted
to the Verkhovna Rada of Ukraine for granting agreement on their binding
nature.
• On the appeal of the Verkhovna Rada of Ukraine, the Constitutional
Court of Ukraine provides an opinion on the observance of the constitutional
procedure of investigation and consideration of the case of removing the
President of Ukraine from office b y the procedure of impeachment.
Article 152
• Laws and other legal acts, by the decision of the Constitutional
Court of Ukraine, are deemed to be unconstitutional, in whole or in part,
in the event that they do not conform to the Constitution of Ukraine,
or if there was a violation of the procedu re established by the Constitution
of Ukraine for their review, adoption or their entry into force.
• Laws and other legal acts, or their separate provisions, that
are deemed to be unconstitutional, lose legal force from the day the Constitutional
Court of Ukraine adopts the decision on their unconstitutionality.
• Material or moral damages, inflicted on physical and legal persons
by the acts or actions deemed to be unconstitutional, are compensated
by the State by the procedure established by law.
Article 153
• The procedure for the organisation and operation of the Constitutional
Court of Ukraine, and the procedure for its review of cases, are determined
by law. |
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