DETERMINATION OF THE CONSTITUTIONAL COURT OF UKRAINE

of September 6, 2007 No. 40-v/2007

About refusal in opening of the constitutional proceeedings according to the constitutional address of the citizen Kuzuba Nikolay Ivanovich about official interpretation of provisions of the paragraph of third to article 50 of the Law of Ukraine "About the status and social protection of citizens which suffered owing to the Chernobyl catastrophic crash" and parts four of article 13 of the Law of Ukraine "About the status of veterans of war, guarantees of their social protection"

Case No. 2-36/2007

Constitutional court of Ukraine as a part of judges of the Constitutional Court of Ukraine:

Strizhak Andrey Andreevich - the chairman,

Brintsev Vasily Dmitriyevich,

Golovin Anatoly Sergeyevich - the judge-speaker,

Dzhunya Vyacheslav Vasilyevich,

Didkovsky Anatoly Aleksandrovich,

Dombrovsky Ivan Petrovich,

Mikhail Ivanovich's ear,

Lilak Dmitry Dmitriyevich,

Markush Maria Andreevna,

Machuzhak Yaroslava Vasilyevna,

Tkachuk Pavel Nikolaevich,

Shishkin Victor Ivanovich,

considered at meeting question about opening constitutional proceeedings according to the constitutional address of the citizen Kuzuba of M. I. about official interpretation of provisions of the paragraph of third of article 50 of the Law of Ukraine "About the status and social protection of citizens which suffered owing to the Chernobyl catastrophic crash" of February 28, 1991 N796-XII (In? домост? Verkhovno ї For the sake of Ukra§ni, 1991, N 16, Art. 200; 1992, N 13, the Art. 178) but parts four of article 13 of the Law of Ukraine "About the status of veterans of war, guarantee of their social protection" of October 22, 1993 N3551-XII (In? домост? Verkhovno ї For the sake of Ukra§ni, 1993, N 45, Art. 425; 1995, N 44, Art. 329; 1996, N 1, Art. 1; 2005, N 4, Art. 101).

Having heard the judge-speaker Golovin A. S. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional address is the citizen Kuzub of M. I. - appealed to the Constitutional Court of Ukraine with the petition to give official interpretation of provisions of the paragraph of third of article 50 of the Law of Ukraine "About the status and social protection of citizens which suffered owing to the Chernobyl catastrophic crash" (further - the Law on the status and social protection of citizens) and part four of article 13 of the Law of Ukraine "About the status of veterans of war, guarantee of their social protection" (further the Law on the status of veterans of war) in edition which was acting till January 1, 2006.

The specified regulations establish the following:

- the faces referred to category 1, are granted monthly additional pension for the harm done to health in sizes: "to disabled people of the II group - 75 percent of minimum pension on age" (the paragraph to third article 50 of the Law on the status and social protection of citizens);

- "to disabled veterans of pension or monthly perpetual monetary pay or the government public assistance which is paid instead of pension raise: to disabled people of the I group - in the amount of 400 percent of minimum pension on age, the II group - 350 percent of minimum pension on age, III groups - 200 percent of minimum pension on age" (part four of article 13 of the Law on the status of veterans of war in edition which was acting till January 1, 2006).

The citizen Kuzub of M. I. brought up question of official interpretation of the given regulations only in part which concerns purpose of additional pension or increase in pension to disabled people of the II group.

Need for official interpretation of the specified provisions of the laws is caused, according to the person of law on the constitutional address, by their ambiguous application by courts of law that led to violation it as participant of mitigation of consequences on the Chernobyl NPP, the disabled veteran of the II group of constitutional right on social protection. The author of the petition considers that this violation consists in refusal of pension bodies to add to it pension according to the laws of Ukraine existing for that time and in adoption of opposite decisions by courts of law concerning actions for declaration of similar nature and content of other citizens of Ukraine.

Proving the line item, M. I Kuzub refers to decisions of the courts of the general jurisdiction of the city of Kiev and acquaints them copies with the constitutional address.

2. The second board of judges of the Constitutional Court of Ukraine determination of July 11, 2007 refused opening constitutional production on this case.

3. Resolving issue of opening of the constitutional production, the Constitutional Court of Ukraine proceeds from the following.

According to article 94 of the Law of Ukraine "About the Constitutional Court of Ukraine" the basis for the constitutional address of rather official interpretation of the Constitution of Ukraine and the laws of Ukraine is availability of ambiguous application of provisions of the Constitution of Ukraine and the laws of Ukraine courts of Ukraine, other public authorities if the person of law on the constitutional address considers that it can bring or led to violation of its constitutional rights and freedoms.

Contents of the constitutional address and the decisions of the courts of the general jurisdiction attached to it testify to lack of ambiguous application of provisions of the Law on the status and social protection of citizens, the Law on the status of veterans of war and proper reasons for need for their official interpretation as from the enclosed decisions of the courts of the general jurisdiction it is visible that in one cases in case of permission of questions of recalculation of pensions of military pensioners courts were guided by regulations of the specified laws, and in others - regulations of resolutions of the Cabinet of Ministers of Ukraine "About compensation payments to persons which suffered owing to the Chernobyl catastrophic crash" of July 26, 1996 N 836, "About increase in the sizes of pensions and other social payments to separate categories of pensioners which financing is performed at the expense of means of the government budget" of January 3, 2002 by N1.

According to article 14 of the Law of Ukraine "About the Constitutional Court of Ukraine" questions of legality of acts of public authorities, and also other questions carried to competence of the courts of the general jurisdiction do not belong to powers of the Constitutional Court of Ukraine.

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