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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of April 28, 2009 No. 9-rp/2009

On case on the constitutional representation of the President of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of the subitem 13 of item 4 of the Section I of the Law of Ukraine "About introduction of amendments to some laws of Ukraine concerning reduction of influence of the global financial crisis by the sphere of employment of the population" (case on the help with unemployment uvolnenny by agreement of the parties)

Case No. 1-19/2009

NAME OF UKRAINE

Constitutional court of Ukraine consisting of judges:

Strizhak Andrey Andreevich - the chairman,

Baulin Yury Vasilyevich,

Vdovichenko Sergey Leonidovich,

Golovin Anatoly Sergeyevich,

Dzhunya Vyacheslav Vasilyevich,

Didkovsky Anatoly Aleksandrovich,

Dombrovsky Ivan Petrovich,

Kamp Vladimir Mikhaylovich,

Mikhail Ivanovich's ear,

Lilak Dmitry Dmitriyevich,

Markush Maria Andreevna - the speaker,

Machuzhak Yaroslava Vasilyevna,

Nikitin Yury Ivanovich,

Ovcharenko Vyacheslav Andreevich,

Stetsyuk Pyotr Bogdanovich,

Shishkin Victor Ivanovich,

with the assistance of representatives of the person of law on the constitutional representation Solodkogo Rostislav Dmitriyevicha - the deputy manager of Service of ensuring bonds with the Constitutional Court of Ukraine and Central Election Commission of the Secretariat of the President of Ukraine, Doroshkevich Ruslan Nikolaevich - the deputy manager of the Main service of social and economic development - the head of department of social policy of the Secretariat of the President of Ukraine; Selivanov Anatoly Aleksandrovich - the Permanent representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine; recruited in consideration of the case: Nemchenko Vasily Ivanovich - the Permanent representative of the Cabinet of Ministers of Ukraine in the Constitutional Court of Ukraine, Ivankevich Victor Viktorovich - the deputy minister of work and social policy of Ukraine, Zhugayevich of Yarema Vasilyevichapredsedatel of board of Fund of obligatory national social insurance of Ukraine on case of unemployment, Zinkevich Natalya Ivanovna - the first deputy director of the State jobcenter, considered at plenary meeting case on the constitutional representation of the President of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of the subitem 13 of item 4 of the Section I of the Law of Ukraine "About introduction of amendments to some laws of Ukraine concerning reduction of influence of the global financial crisis by the sphere of employment of the population" of December 25, 2008 N 799-VI (Uryadovy of hens' єр, 2009, on January 13).

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 President of Ukraine.

The basis for consideration of the case according to Articles 71, 82 Laws of Ukraine "About the Constitutional Court of Ukraine" are availability of dispute on constitutionality of provisions of the subitem 13 of item 4 of the Section I of the Law of Ukraine "About introduction of amendments to some laws of Ukraine concerning reduction of influence of the global financial crisis by the sphere of employment of the population".

Having heard the judge-speaker Markush M. A., Solodky M. D., Doroshkevich M. M., Selivanov A. O. explanations., Nemchenko V. I., Ivankevich V. V., Zhugayevich Ya. V., Zinkevich N. I. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation is the President of Ukraine - appealed to the Constitutional Court of Ukraine with the petition to recognize such which does not answer the Constitution of Ukraine, in particular to Articles 22, of 46, of provision of part three of article 23 of the Law of Ukraine "About obligatory national social insurance unemployment case" of March 2, 2000 N 1533-III (In? домост? Verkhovno ї For the sake of Ukra§ni, 2000, N 22, the Art. 171) (further - the Law) in edition of the Law of Ukraine "About introduction of amendments to some laws of Ukraine concerning reduction of influence of the global financial crisis by the sphere of employment of the population" of December 25, 2008 N 799-VI (further - the Law N 799-VI).

In the constitutional representation it is specified that amendment of part three of article 23 of the Law after words of "reasonable excuses" by the words "or by agreement of the parties" violates constitutional rights of citizens of Ukraine as before modification of part third of article 23 of the Law the help with unemployment to persons who left by agreement of the parties was paid from the eighth day after registration of insured person in accordance with the established procedure in public service of employment (part three of article 22 of the Law). As affirms as the constitutional representation, with change of edition of part three of article 23 of the Law "the help with unemployment to persons who left from the last place of employment at own will without valid excuse or by agreement of the parties will be paid from the 91st calendar day".

The head of state considers that thus the legislator narrowed content of the right of citizens who left from the last place of employment by agreement of the parties, on receipt of the help in the first three months of the period which proceeds after termination of the employment contract (contract) by agreement of the parties, than violated requirements of article 22 of the Constitution of Ukraine according to which in case of adoption of the new laws narrowing of content and amount of the existing rights and freedoms is not allowed. The specified amendment also limits the right of citizens to social protection which includes the right to providing them, in particular, in case of unemployment owing to circumstances; this right is guaranteed by obligatory national social insurance at the expense of insurance premiums of citizens, the companies, organizations and the organizations, and also budget and other sources of social security (article 46 of the Constitution of Ukraine).

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