The COP recognized the establishment of constitutional government “Ukrspetstorga” and the elimination of the Department of State surplus property and land

Constitutional Court (CC) has recognized a constitutional decision of the Government of Ukraine on the establishment of the State Specialized Enterprise “Ukrspetstorg” and its approval to the sale of military equipment in the domestic market as well as the elimination of the Department of State surplus property and land.

of the relevant Basic Law, the Cabinet of Ministers on February 11, 2009 “Some problems in the implementation of military property” filed in the Constitutional Court president.

The Constitutional Court decision noted that the Department of State surplus property and land is a governmental body within the Ministry of Defense, and its ruling government has not changed the overall structure of the armed forces, but only reorganized the activities of the Ministry of Defense, stopping the activities of this department. Such a Cabinet reorganization undertaken in accordance with the Constitution.

President requested unconstitutional a government decree as a whole, however, only to substantiate the unconstitutionality of paragraphs 1, 2, 6, 7, relating to the creation of “Ukrspetstorga” and its approval to the sale of military equipment in the domestic market. In this regard, the COP has stopped the constitutional proceedings in the verification of compliance with the Basic Law, the other paragraphs of the resolution - 3, 4, 5, 8, 9 due to the inconsistency of the constitutional submission of the Constitution and the law on the Constitutional Court.

COP decision is binding on the territory of Ukraine, the final and can not be appealed.

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