The Constitutional Court of Ukraine recognized separate provisions of the law of Ukraine “On National Commission which deals with state regulation in the energy and public services sectors”, as the press office of the court reported.
As it was informed, by the decision of Constitutional Court of Ukraine indicated that the formation of constant independent state collegial body which by functions, by the area of activity, by the mandate has signs of central body of executive power, but does not report to the Cabinet of Ministers of Ukraine and does not belong to the system of the bodies of executive authority, does not comply with the Constitution of Ukraine.
By this decision, the Constitutional Court of Ukraine noted that the mandate of the President of Ukraine and Verkhovna Rada of Ukraine are defined by Ukraine’s fundamental law and can not be expanded by the law or another legal and regulatory act. At the same time, the Law of Ukraine does not give the Verkhovna Rada the right to define the mandate of the Parliament and the Head of State in its acts, beyond those set by the constitutional norms.
It was noted that the Constitution of Ukraine does not provide the mandate of the Head of State and the only body of legislative authority of Ukraine in terms of formation of the competitive commission as the right of the President of Ukraine to appoint the members of the Commission and cease their mandate early. The mentioned mandate provided by the Law extends beyond the frames of the constitutional competence of the Parliament and the Head of State.
At the same time, unlike the mandate of Verkhovna Rada and President of Ukraine, the mandate of the Cabinet of Ministers of Ukraine can be defined not only by the Constitution of Ukraine, but also by the Law of Ukraine. At the same time, any mandate of the Cabinet of Ministers or another body of the executive authority can not be defined by the law against the constitutional mandate.
“Despite the fact that the recognition of separate provisions of the Law are recognized unconstitutional and this will have legal consequences such as important gaps in the legislation concerning the order of organization of the activity of the Commission, which might make its functioning in energy sectors and public services sectors impossible, the Constitutional Court of Ukraine ruled to postpone the power of the respective provisions of the Law to bring the current legislation in this part in compliance with the demands of the Constitution of Ukraine,” the press office of the court reported.