DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of October 8, 2008 No. 20-rp/2008

On the constitutional representation of the Representative of the Verkhovna Rada of Ukraine for human rights concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of the subitem "b" of the subitem 4 of Item 3 of article 7 of the Law of Ukraine "About insurance rates on obligatory national social insurance from labor accident and occupational disease which entailed disability", Item 1, of the paragraph of the third Item 5, of Item 9, of paragraphs two, the third Item 10, of Item 11 of the Section I of the Law of Ukraine "About introduction of amendments to the Law of Ukraine "About obligatory national social insurance from labor accident and occupational disease which entailed disability" (case on insurance payments)

Case No. 1-32/2008

NAME OF UKRAINE

Constitutional court of Ukraine consisting of judges:

Strizhak Andrey Andreevich - the chairman,

Baulin Yury Vasilyevich,

Brintsev Vasily Dmitriyevich,

Vdovichenko Sergey Leonidovich,

Golovin Anatoly Sergeyevich,

Dzhunya Vyacheslav Vasilyevich - the speaker,

Didkovsky Anatoly Aleksandrovich,

Kamp Vladimir Mikhaylovich,

Mikhail Ivanovich's ear,

Lilak Dmitry Dmitriyevich,

Markush Maria Andreevna,

Machuzhak Yaroslava Vasilyevna,

Nikitin Yury Ivanovich,

Ovcharenko Vyacheslav Andreevich,

Tkachuk Pavel Nikolaevich,

Shishkin Victor Ivanovich,

considered at plenary meeting case on the constitutional representation of the Representative of the Verkhovna Rada of Ukraine on human rights concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of the subitem "b" of the subitem 4 of Item 3 of article 7 of the Law of Ukraine "About insurance rates on obligatory national social insurance from labor accident and occupational disease which entailed disability" of February 22, 2001 N 2272-III (In? домост? Verkhovno ї For the sake of Ukra§ni, 2001, N 17, the Art. 80) (further the Law N 2272-III), Item 1, the paragraph of the third Item 5, Item 9, paragraphs two, the third Item 10, Item 11 of the Section I of the Law of Ukraine "About introduction of amendments to the Law of Ukraine "About obligatory national social insurance from labor accident and occupational disease which entailed disability" of February 23, 2007 N 717-V (In? домост? Verkhovno ї For the sake of Ukra§ni, 2007, N 22, the Art. 292) (further the Law N 717-V).

Reason for consideration of the case according to Articles 39, 40 Laws of Ukraine "About the Constitutional Court of Ukraine" became the constitutional representation of the Representative of the Verkhovna Rada of Ukraine for human rights.

The basis for consideration of the case according to Articles 71, 82 Laws of Ukraine "About the Constitutional Court of Ukraine" are emergence of matters of argument concerning constitutionality of the legal acts found by the Representative of the Verkhovna Rada of Ukraine for human rights in the course of its activities.

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

1. The person of law on constitutional predstavleniyeupolnomochenny the Verkhovna Rada of Ukraine on human rights - appealed to the Constitutional Court of Ukraine with the petition to consider question concerning constitutionality of provisions of the subitem "b" of the subitem 4 of Item 3 of Article 7 (in the constitutional representation the subitem "b" of item 4 of part three of Article 7) of the Law N 2272-III, Item 1, of the paragraph of third Item 5 is mistakenly specified (in the constitutional representation the Item paragraph two 5), Item 9, of paragraphs two is mistakenly specified, third Item 10 (in the constitutional representation paragraphs of the first, second of Item 10), Item 11 of the Section I of the Law N 717-V are mistakenly specified.

Affirms as the constitutional representation that provisions of the Law N 2272-III and the Law N 717-V which limit the amount of one-time insurance payment to the victim of labor accident or occupational disease which entailed disability and cancel the right of the victims on production of citizens on compensation of moral (non-property) damage by it at the expense of Social Insurance Fund from labor accidents and occupational diseases of Ukraine (further - Fund), established by the Law of Ukraine "About obligatory national social insurance from labor accident and occupational disease which entailed disability" of September 23, 1999 N 1105-XIV (further - the Law N 1105-XIV), the constitutional right of citizens on social protection in the form of the proper material security guaranteed by obligatory national social insurance is violated in case to them there was labor accident or they got occupational disease.

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