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DECISION OF THE SECOND SENATE OF THE CONSTITUTIONAL COURT OF UKRAINE

of July 21, 2021 No. 4P (II)/2021

On case on the constitutional claim of Bivalkevich Bogdan Vyacheslavovich concerning compliance of the Constitution of Ukraine (constitutionality) of Item 8 of the Section XI "Final and transitional provisions" of the Law of Ukraine "About National police"

Case No. 3-107/2020(221/20)

The second senate of the Constitutional Court of Ukraine as a part of judges:

Golovaty Sergey Petrovich - the chairman, Gorodovenko Victor Valentinovich, Lemak Vasily Vasilyevich, Moysik Vladimir Romanovich, May Day Oleg Alekseevich - the speaker, Slidenko Igor Dmitriyevich, Yurovskaya Galina Valentinovna,

No. 580-VIII considered at plenary meeting case on the constitutional claim of Bivalkevich Bogdan Vyacheslavovich concerning compliance of the Constitution of Ukraine (constitutionality) of Item 8 of the Section XI "Final and transitional provisions" of the Law of Ukraine "About National police" of July 2, 2015 (Sheets of the Verkhovna Rada of Ukraine, 2015, Art. No. 40-41, 379).

Having heard the judge-speaker of May Day VA. and having researched case papers, the Constitutional Court of Ukraine

established:

1. The person of law on the constitutional claim is Bivalkevich B. V. - No. 580-VIII appealed to the Constitutional Court of Ukraine with the survey request on compliance to Articles 8, of 22, to parts one, the second, sixth article 43 of the Constitution of Ukraine, Item 8 of the Section XI "Final and transitional provisions" of the Law of Ukraine "About National police" of July 2, 2015 (further - the Law No. 580) under which "from the date of publication of this Law all employees of militia (face of the private and the commanding structure of law-enforcement bodies), and also other employees of the Ministry of Internal Affairs of Ukraine, its territorial authorities, organizations are considered warned in accordance with the established procedure about possible forthcoming redundancy".

1.1. From contents of the constitutional claim and other case papers it is seen that Bivalkevich B. V. appealed to District administrative court of the city of Kiev with the claim to the Ministry of Internal Affairs of Ukraine (the Ministry of Internal Affairs of Ukraine) with the assistance of the third party who is not declaring independent requirements regarding dispute, - National police of Ukraine (further - police) in which asked court: recognize illegal and repeal the order of the Ministry of Internal Affairs of Ukraine "On staff" of November 6, 2015 No. 2338 about/with (further - the Order) regarding release of the militia colonel, the deputy head of department on investigation of especially important criminal proceedings - the chief of the 1st department of the Main Investigation Department of the Ministry of Internal Affairs of Ukraine Bivalkevich B. V. from service in law-enforcement bodies; recover Bivalkevich B. V. on service in law-enforcement bodies of Ukraine since November 6, 2015 and transfer to police to equivalent position since November 7, 2015; oblige the Ministry of Internal Affairs of Ukraine to pay to Bivalkevich B. V. average earnings during induced truancy for the period from November 6, 2015 to day of recovery on service.

The district administrative court of the city of Kiev the resolution of May 16, 2016 which is left without changes determination of the Kiev Appeal administrative court of September 1, 2016 refused satisfaction of the claim. The supreme administrative court of Ukraine determination of November 23, 2016 cancelled the specified decisions of the courts of the first and appeal instances, and sent case for new trial in Trial Court.

The district administrative court of the city of Kiev the decision of January 17, 2018 satisfied claims of Bivalkevich B. V. partially: recognized illegal and repealed the Order regarding Bivalkevich B. V. dismissal from service in law-enforcement bodies of Ukraine and reinstated as it; recovered Bivalkevich B. V. right to the transfer to police according to Item 9 of the Section XI "Final and transitional provisions" of the Law No. 580; collected in its advantage from the Ministry of Internal Affairs of Ukraine average earnings during induced truancy from November 7, 2015 to January 17, 2018 in the amount of the 217th 992, 50 UAH. Satisfaction of other claims to Bivalkevich B. V. it was refused.

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