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DECISION OF THE SECOND SENATE OF THE CONSTITUTIONAL COURT OF UKRAINE

of April 6, 2022 No. 1-r (II)/2022

On case on the constitutional claim of Polishchuk Sergey Alekseevich concerning compliance of the Constitution of Ukraine (constitutionality) of item 4 of article 16-3 of the Law of Ukraine "About social and legal protection of the military personnel and members of their families" (case on the strengthened social protection of the military personnel)

Case No. 3-192/2020(465/20)

The second senate of the Constitutional Court of Ukraine in structure:

Golovaty Sergey Petrovich (chairman of meeting),

Gorodovenko Victor Valentinovich,

Lemak Vasily Vasilyevich (speaker),

Moysik Vladimir Romanovich,

May Day Oleg Alekseevich,

Slidenko Igor Dmitriyevich,

Yurovskaya Galina Valentinovna,

No. 2011-XII considered at plenary meeting case on the constitutional claim of Polishchuk Sergey Alekseevich concerning compliance of the Constitution of Ukraine (constitutionality) of item 4 of article 16-3 of the Law of Ukraine "About social and legal protection of the military personnel and members of their families" of December 20, 1991 (Sheets of the Verkhovna Rada of Ukraine, 1992, No. 15, the Art. 190) with changes.

Having heard the judge-speaker Lemak V. V. and having researched case papers, the Constitutional Court of Ukraine established:

1. Polishchuk S.A. appealed to the Constitutional Court of Ukraine with the petition to recognize not answering to the Constitution of Ukraine (is unconstitutional), item 4 of article 16-3 of the Law of Ukraine "About social and legal protection of the military personnel and members of their families" of December 20, 1991 No. 2011-XII with changes (further - the Law), according to which:

"If within two years to the serviceman, the person liable for call-up or the reservist after primary establishment of disability or degree of disability without establishment of disability during repeated survey the highest group of disability or bigger percent of disability is established that grants it the right to one-time money allowance in bigger size, payment is made taking into account earlier paid amount.

In case of change of group of disability, its reason or extent of disability over two-year term after primary establishment of disability payment of one-time money allowance in connection with the happened changes is not performed".

The person of law on the constitutional claim considers that the challenged instructions of the Law do not correspond to Article 3, to parts one, the second Article 8, of Article part five 17, Article 21, to parts two, third Article 22, of Article part one 24, of Article part one 46, of part one of article 64 of the Constitution of Ukraine as violate the right to social protection, the principle of equality before the law; do not provide the military personnel and persons discharged from military service, equal and proper conditions of social protection; narrow amount and content of the existing rights of specified persons by establishment of discrimination conditions under which such persons are limited to temporary interval on receipt of the one-time monetary assistance.

1.1. The parliament at the request of the judge-speaker of April 8, 2021 in writing stated to No. 359-005-02/1038 line item concerning subject of the constitutional claim of Polishchuk S.A., having noted that articles 17 and 46 of the Constitution of Ukraine do not contain guarantees concerning payment of the one-time monetary assistance, and according to Item 6 parts one of Article 92 of the Fundamental Law of Ukraine the Verkhovna Rada of Ukraine has the right to determine procedure and conditions of its appointment in the law.

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