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DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of September 9, 2010 No. 19-rp/2010

On case on the constitutional representation of the Supreme Court of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of the Law of Ukraine "About modification of some legal acts of Ukraine concerning jurisdiction of the cases connected with social payments"

Name of Ukraine

Constitutional court of Ukraine consisting of judges:

Golovin Anatoly Sergeyevich - the chairman,

Baulin Yury Vasilyevich,

Brintsev Vasily Dmitriyevich,

Vdovichenko Sergey Leonidovich,

Vinokurov Sergey Markiyanovich,

Didkovsky Anatoly Aleksandrovich,

Dombrovsky Ivan Petrovich,

Kamp Vladimir Mikhaylovich,

Mikhail Ivanovich's ear,

Lilak Dmitry Dmitriyevich,

Markush Maria Andreevna,

Stetsyuk Pyotr Bogdanovich,

Strizhak Andrey Andreevich,

Tkachuk Pavel Nikolaevich,

Shishkin Victor Ivanovich - the speaker,

with the assistance of authorized representatives of the person of law on the constitutional representation Yarema Anatoly Grigoryevichazamestitel Predsedatel of the Supreme Court of Ukraine, Havronyuk Nikolay Ivanovich - the deputy manager of the office of the Supreme Court of Ukraine - the chief of legal department; The Permanent representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine - Selivanov Anatoly Aleksandrovich; the representatives of the Supreme administrative court of Ukraine recruited in consideration of the case of Tsurkan Mikhail Ivanovich - the vice-chairman of the Supreme administrative court of Ukraine, Perepelyuk Vladimir Grigoryevich - the deputy chief of the Secretariat Predsedatel of the Supreme administrative court of Ukraine,

considered at plenary meeting case on the constitutional representation of the Supreme Court of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of the Law of Ukraine "About modification of some legal acts of Ukraine concerning jurisdiction of the cases connected with social payments" of February 18, 2010 No. 1691-VI (Sheets of the Verkhovna Rada of Ukraine, 2010, No. 19, the Art. 154).

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 Supreme Court of Ukraine.

The basis for consideration of the case according to article 71 of the Law of Ukraine "About the Constitutional Court of Ukraine" is availability of statements of the person of law on the constitutional representation concerning illegality of provisions of the Law of Ukraine "About modification of some legal acts of Ukraine concerning jurisdiction of the cases connected with social payments".

Having heard the judge-speaker Shishkin V. I., Havronyuk's explanations for. And., Yarema A. G., Selivanova A. O., Perepelyuka V. G., Tsurkan M. I. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation - the Supreme Court of Ukraine - appealed to the Constitutional Court of Ukraine with the petition to resolve issue concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of the Law of Ukraine "Of modification of some legal acts of Ukraine concerning jurisdiction of the cases connected with social payments" of February 18, 2010 No. 1691-VI (further - the Law No. 1691). The law No. 1691 makes changes to the Code of civil procedure of Ukraine (further - GPK of Ukraine) and the Code of administrative legal proceedings of Ukraine (further - KAS of Ukraine) according to which consideration of the disputes connected with social payments is performed according to the procedure of civil legal proceedings.

According to the Supreme Court of Ukraine, provision of the Law No. 1691 Article parts three 22, contradict Article part two 24, to parts one, the second Article 55, of article 64 of the Constitution of Ukraine as implementation of such procedure for hearing of cases of rather social legal relationship considerably narrows amount of the rights of citizens to judicial protection in disputes with public authorities.

In the constitutional representation it is accented that in case of resolution of disputes according to the procedure of administrative legal proceedings citizens are exempted from payment for material logistics of hearing of cases. For the purpose of realization of such task of administrative legal proceedings as protection of the rights, freedoms and interests of physical persons, in this type of judicial proceedings is effective the principle of officiality by which the court takes the measures necessary for clarification of all facts of the case provided by the law, in particular concerning identification and reclamation of proofs on own initiative. The court can solve case also based on available proofs if person who participates in case does not provide according to its offer of the proof for confirmation of circumstances to which it refers. Prove obligation правомерностт the decision, actions or divergences it is assigned to the subject of powers of authority if he as the defendant denies the administrative claim.

Thus, the author of the petition claims that hearing of cases, connected with social payments, according to the procedure of administrative legal proceedings before transfer of these cases for consideration according to the procedure of civil legal proceedings more effective judicial protection of the rights and freedoms of the least socially protected citizens provided.

2. The line items concerning subject of the constitutional representation were stated by the President of Ukraine, the Chairman of the Verkhovna Rada of Ukraine, the Representative of the Verkhovna Rada of Ukraine for human rights, the Supreme administrative court of Ukraine, Academy of judges of Ukraine, scientists of the Kiev national university of Taras Shevchenko, the Lviv national university of Iván Franco, National legal academy of Ukraine of Yaroslav the Wise, the Odessa national legal academy, Center of politikopravovy reforms.

3. Resolving the question which is brought up in the constitutional representation, the Constitutional Court of Ukraine proceeds from the following.

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