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 language, 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 Article126 of this
Constitution, and the requirements concerning
incompatibility as determined in Article127,
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;
- cts 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 Rada 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 procedure 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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