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Constitutional Court Rules As Unconstitutional President's Control Over NCRC (12:08, Tuesday, October 14, 2008)

The Constitutional Court

The Constitutional Court has ruled that president's control over the National Communications Regulation Commission is unconstitutional.

The Constitutional Court announced the award on Tuesday.

Thus, the Constitutional Court declared provisions of the law "On telecommunications" of November 18, 2003 as unconstitutional.

In particular, the court ruled as unconstitutional section 2 of article 17 on president's control over the NCRC; section 3 of article 17 on president's approval of the provision on the NCRC; and section 1 of article 20 on appointment and dismissal of NCRC's chairman and members by the president in compliance with recommendations of the prime minister of Ukraine.

The Constitutional Court also ruled as unconstitutional provision of section 9 of article 20 on appointment of new chairman or member of the commission by the president in case chairman or member's position is vacant.

As Ukrainian News earlier reported, in April, a total of 55 MPs addressed the Constitutional Court requesting to check constitutionality of the president's control over the NCRC.

President Viktor Yuschenko cancelled his decree No. 534/2008 of June 10 which suspended the Cabinet of Ministers resolutions Nos. 744-r - 747-r and 756-r - 763-r of May 28 changing the composition of the National Communications Regulation Commission.

On May 28, the Cabinet of Ministers dismissed NCRC chairman Volodymyr Zverev appointing Serhii Kolobov.



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