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Constitution of Ukraine - Chapter XII - Official web-site of President of Ukraine

Constitution of Ukraine - Chapter XII

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.

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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Chapter I General Principles
Chapter II Human and Citizens' Rights, Freedoms and Duties
Chapter III Elections. Referendum
Chapter IV Verkhovna Rada of Ukraine
Chapter V President of Ukraine
Chapter VI Cabinet of Ministers of Ukraine. Other Bodies of Executive Power
Chapter VII Procuracy
Chapter VIII Justice
Chapter IÕ Territorial Structure of Ukraine
Chapter Õ Autonomous Republic of Crimea
Chapter ÕI Local Self-Government
Chapter ÕII Constitutional Court of Ukraine
Chapter ÕIII Introducing Amendments to the Constitution of Ukraine
Chapter XIV Final Provisions
 

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