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DECISION OF THE SECOND SENATE OF THE CONSTITUTIONAL COURT OF UKRAINE

of March 20, 2024 No. 2-r (II)/2024

On case on the constitutional claim of Atamanchuk Vasily Ivanovich concerning compliance of the Constitution of Ukraine (constitutionality) of instructions of article 2 of the Law of Ukraine "About measures for legislative ensuring reforming of the pension system" of July 8, 2011 No. of the 3668-VI, first offer of part three of article 67 of the Law of Ukraine "About the status and social protection of the citizens who were injured owing to the Chernobyl catastrophic crash" of February 28, 1991 No. 796-XII (concerning the guaranteed level of social protection of the citizens who were injured owing to the Chernobyl catastrophic crash)
(Extraction)

Case No. 3-123/2023(229/23)

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

Golovaty Sergey Petrovich (chairman of meeting, speaker),

Gorodovenko Victor Valentinovich,

Lemak Vasily Vasilyevich,

Moysik Vladimir Romanovich,

May Day Oleg Alekseevich,

Yurovskaya Galina Valentinovna,

No. 3668-VI considered at plenary meeting case on the constitutional claim of Atamanchuk Vasily Ivanovich concerning compliance of the Constitution of Ukraine (constitutionality) of instructions of article 2 of the Law of Ukraine "About measures for legislative ensuring reforming of the pension system" of July 8, 2011 (Sheets of the Verkhovna Rada of Ukraine, 2012, Art. No. 12-13, 82) with changes, the first offer of part three of article 67 of the Law of Ukraine "About the status and social protection of the citizens who were injured owing to the Chernobyl catastrophic crash" of February 28, 1991 No. 796-XII (Sheets of the Supreme Council of the Ukrainian SSR, 1991, No. 16, the Art. 200) with changes.

Having heard Golovaty S. P. judge-speaker and having researched case papers,

Constitutional court of Ukraine

established:

1. Recognize not corresponding Constitutions of Ukraine (are unconstitutional), the instruction of article 2 of the Law of Ukraine "About measures for legislative ensuring reforming of the pension system" of July 8, 2011 as No. 3668-VI with the changes extending the action to the Law of Ukraine "About the status and social protection of the citizens who were injured owing to the Chernobyl catastrophic crash" of February 28, 1991 No. 796-XII with changes, the instruction of the first offer of part three of article 67 of the Law of Ukraine "About the status and social protection of the citizens injured with the Chernobyl catastrophic crash" of February 28, 1991 No. 796-XII with changes.

2. The instruction of article 2 of the Law of Ukraine "About measures for legislative ensuring reforming of the pension system" of July 8, 2011 No. 3668-VI with changes, the extending action on the Law of Ukraine "About the status and social protection of the citizens who were injured owing to the Chernobyl catastrophic crash" of February 28, 1991 No. 796-XII with changes the instruction of the first offer of part three of article 67 of the Law of Ukraine "About the status and social protection of the citizens who were injured owing to the Chernobyl catastrophic crash" of February 28, 1991 No. 796-XII with changes, acknowledged unconstitutional void 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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