The constitutional court recognized unconstitutional the parliament resolution "About recognition become invalid the resolution of the Verkhovna Rada "About purpose of snap elections of deputies of the Ternopol regional council" of March 3, 2009 No. 1058-VI.
Such decision in вторнк was published by KS, having considered the corresponding constitutional representation of the president, reports UNIAN.
As it is noted in the decision, KS considers that terms of elections are important institute of a guarantee in implementation of electoral rights of citizens.
Cancellation of elections in local governments or transfer of terms of their carrying out on the bases, unforeseen the law, is violation of these rights. Therefore cancellation by the resolution of parliament of snap elections in the Ternopol regional council doesn't answer also p.1 to Art. 38 of the Constitution of Ukraine.
KS noticed that article 64 of the Constitution of Ukraine in the conditions of the military or state of emergency allows separate restrictions of the right to choose and be the elite - elections to local governments in case of the termination of term of their powers for action of these modes aren't provided, earlier created bodies continue the activity.
Therefore on condition of introduction in Ukraine or its certain districts of the military or state of emergency of BP has the right to cancel for this time in the respective territories already appointed it next or snap elections in local governments.
Thus KS came to a conclusion that on the basis of item 30 p.1 Art. 85 of the Constitution of Ukraine, BP wasn't authoized to cancel snap elections in the Ternopol regional council.
The solution of KS is obligatory to performance in the territory of Ukraine, final and can't be appealed.
In turn, making comments on the solution of KS, the deputy head of the secretariat of president - the representative of the head of state in KS Marina Stavniychuk told: "I think that this decision will have case value for definition further possible options of actions on many resonant political affairs, including for the Verkhovna Rada".
According to her, the solution of KS had to be, "it expected, and the result for us was absolutely expected".