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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of February 27, 2003 No. 4-rp/2003

On the case of the constitutional representation of the Ministry of Internal Affairs of Ukraine of rather official interpretation of provisions of article 5 of the Law of Ukraine "About the status of veterans of military service and veterans of law-enforcement bodies and their social protection" (case on veterans of law-enforcement bodies)

Case No. 1-19/2003

NAME OF UKRAINE

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

Selivon Nikolay Fedosovich - the chairman,

Evgrafov Pavel Borisovich,

Ivashchenko Vladimir Ivanovich,

Kostitsky Mikhail Vasilyevich,

Malinnikova Lyudmila Fiodorovna,

Mironenko Alexander Nikolaevich - the judge-speaker,

Nemchenko Vasily Ivanovich,

Wheaten Valeria Grigoryevna,

Rozenko Vitaly Ivanovich,

Savenko Nikolay Dmitriyevich,

Victor Egorovich's buffoons,

Timchenko Ivan Artemyevich,

Silent Vladimir Pavlovich,

Tkachuk Pavel Nikolaevich,

Chubar Lyudmila Panteleevna,

Shapoval Vladimir Nikolaevich,

considered at plenary meeting case on the constitutional representation of the Ministry of Internal Affairs of Ukraine of rather official interpretation of provisions of article 5 of the Law of Ukraine "About the status of veterans of military service and veterans of law-enforcement bodies and their social protection" of March 24, 1998 N 203/98-BP in edition of the Law of Ukraine "About introduction of amendments to the Law of Ukraine "About the status of veterans of military service and their social protection" of April 5, 2001 N 2373-III (In? домост? Verkhovno ї For the sake of Ukra§ni, 1998, N 40-41, Art. 249; 2001, N 24, Art. 127).

The constitutional representation of the Ministry of Internal Affairs of Ukraine became reason for consideration of the case according to articles 39, of 41 Law of Ukraine "About the Constitutional Court of Ukraine".

The basis for consideration of the case according to part one of article 93 of the Law of Ukraine "About the Constitutional Court of Ukraine" is practical need for official interpretation of provisions of article 5 of the Law of Ukraine "About the status of veterans of military service and veterans of law-enforcement bodies and their social protection".

Having heard the judge-speaker Mironenko O. M. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation - the Ministry of Internal Affairs of Ukraine - appealed to the Constitutional Court of Ukraine with the petition for official interpretation of provisions of article 5 of the Law of Ukraine "About the status of veterans of military service and veterans of law-enforcement bodies and their social protection", in particular concerning clarification of the group of people which are recognized veterans of law-enforcement bodies based on the specified Article according to which veterans of military service and veterans of law-enforcement bodies citizens of Ukraine are recognized:

1) which perfectly served on military service and in law-enforcement bodies of 25 and more years in calendar or 30 and more years in preferential calculation (from which the period of service in calendar calculation constitutes at least than 20 years) and are transferred to the reserve or in resignation according to the legislation of Ukraine or the former USSR or the states of the CIS;

2) disabled people of I and II groups whose disability came owing to wound, contusions, mutilations or diseases connected with accomplishment of obligations of military service or in case of accomplishment of service duties on protection of public order and fight against crime;

3) disabled people of I and II groups whose disability came owing to the disease got during passing of military service and service in law-enforcement bodies and who have period of service of military service and service in law-enforcement bodies of 20 years and more;

4) the military pensioners awarded with the medal "Veteran of Armed Forces of the USSR" by the legislation of the former USSR.

Practical need for official interpretation is proved by different understanding of the group of people which fall under the concept "veteran of law-enforcement bodies", Committee of the Verkhovna Rada of Ukraine on national security issues and defense, on the one hand, and the Ministry of Internal Affairs of Ukraine - with another.

According to the called Committee, stated in the letter N 06-20/3-85 of April 11, 2002, veterans of law-enforcement bodies only persons who are dismissed from service in law-enforcement bodies after January 1, 2002 - day of enforcement by the Law of Ukraine "About introduction of amendments to the Law of Ukraine "About the status of veterans of military service and their social protection" are recognized that was in turn caused by time of enforcement of the Law of Ukraine "About the Government budget of Ukraine for 2002". The committee proves the line item, referring to the principle of irreversibility of action in time of the laws and other regulatory legal acts.

It led as considers the Ministry of Internal Affairs of Ukraine, to violation of the rights of part of former employees of law-enforcement bodies which are transferred to the reserve or in resignation till January 1, 2002 as due to the lack of the status of the veteran of law-enforcement bodies they are deprived of opportunity to use the privileges provided by the Law of Ukraine "About the status of veterans of military service and veterans of law-enforcement bodies and their social protection". According to the Ministry, based on article 5 of the specified Law veterans of law-enforcement bodies are recognized all transferred to the reserve or in resignation according to the legislation of Ukraine or the former USSR or the states of the CIS irrespective of time of their dismissal from service.

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