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DECISION OF THE SECOND SENATE OF THE CONSTITUTIONAL COURT OF UKRAINE

of November 1, 2023 No. 9-r (II)/2023

On case on the constitutional claim of Trigub Natalya Semenovna concerning compliance of the Constitution of Ukraine (constitutionality) of the separate instruction of Item 2 parts two of article 44 of the Law of Ukraine "About the state market supervision and control of non-food products" (concerning individualization of legal responsibility for violation of the rights of consumers)
(Extraction)

Case No. 3-53/2022(126/22)

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

Golovaty Sergey Petrovich (chairman of meeting),

Gorodovenko Victor Valentinovich,

Lemak Vasily Vasilyevich,

Moysik Vladimir Romanovich,

May Day Oleg Alekseevich (speaker),

Yurovskaya Galina Valentinovna,

No. 2735-VI considered at plenary meeting case on the constitutional claim of Trigub Natalya Semenovna concerning compliance of the Constitution of Ukraine (constitutionality) of Item 2 parts two of article 44 of the Law of Ukraine "About the state market supervision and control of non-food products" of December 2, 2010 (Sheets of the Verkhovna Rada of Ukraine, 2011, No. 21, the Art. 144) with changes.

Having heard May Day A. A. judge-speaker and having researched case papers, in particular line items which stated: Chairman of the Verkhovna Rada of Ukraine Stefanchuk R. A., Prime Minister of Ukraine Shmygal D. A., and also: Scientists of Institute of the state and the right of V. M. Koretsky of National academy of Sciences of Ukraine - the doctor of jurisprudence, professor Krusyan A. R., Research institution of private law and entrepreneurship of name of the academician F. G. Burchak of National academy of legal sciences of Ukraine doctor of jurisprudence, professor Derevyanko B. V., the Kiev national university of Taras Shevchenko doctor of jurisprudence, professor Radzivilyuk V. V., Candidate of Law Sciences, associate professor Kravets I. M., National legal university of Yaroslav Mudry - Candidate of Law Sciences, associate professor Zima A. T., Candidate of Law Sciences, associate professor Syomina V. A., Candidate of Law Sciences, associate professor Ryabchenko Ya. Page, National university "Odessa legal academy" - the doctor of jurisprudence, professor Belaya-Tiunova of L. R., the doctor of jurisprudence, professor Subchurch O. P., Candidate of Law Sciences, the associate professor Terletsky D. S.,

Constitutional court of Ukraine

established:

1. Recognize not corresponding Constitutions of Ukraine (is unconstitutional), the separate instruction of Item 2 parts two of article 44 of the Law of Ukraine "About the state market supervision and control of non-food products" of December 2, 2010 as No. 2735-VI with changes, namely: "in the amount of three thousand free minima of the income of citizens".

2. The separate instruction of Item 2 parts two of article 44 of the Law of Ukraine "About the state market supervision and control of non-food products" of December 2, 2010 No. 2735-VI with changes recognized as unconstitutional loses force in six months from the date of acceptance by the Constitutional Court of Ukraine of this Decision.

3. The solution of the Constitutional Court of Ukraine is obligatory, final and cannot be appealed.

The solution of the Constitutional Court of Ukraine is subject to publication in "the Messenger of the Constitutional Court of Ukraine".

Second senate of the Constitutional Court of Ukraine

 

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