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Name of Ukraine

RESOLUTION OF DISTRICT ADMINISTRATIVE COURT OF THE CITY OF KIEV

of September 3, 2013

Case No. of 826/9770/13-

District administrative court of the city of Kiev as a part of judges:

the chairman, the judge - Sokolova O. A.,

judges of Vekua N.G., Masur A. S., in case of the court session secretary - Harrowed K.A., having considered in proceeding in open court administrative case in claim ЛИЦО_2, ЛИЦО_3, ЛИЦО_4, ЛИЦО_5, ЛИЦО_6, ЛИЦО_7, ЛИЦО_8, ЛИЦО_9, LITSO_10 ЛИЦО_11, ЛИЦО_12, ЛИЦО_13, ЛИЦО_15, ЛИЦО_16, ЛИЦО_17, ЛИЦО_18, ЛИЦО_19, ЛИЦО_20, ЛИЦО_21, ЛИЦО_22, ЛИЦО_23, ЛИЦО_24, LITSO_25 ЛИЦО_26, LITSO_27 in the Cabinet of Ministers of Ukraine on behalf of the Ministry of Justice of Ukraine about recognition illegal Item of the first resolution No. 149 of 13.03.2013 and collection for benefit of claimants of funds for compensation of damage (with the participation of agents of the parties: from claimants - ЛИЦО_28, from the defendant - Zainchkovsky D. A.)

ESTABLISHED:

ÏêûÄ_2, ЛИЦО_3, ЛИЦО_4, ЛИЦО_5, ЛИЦО_6, ЛИЦО_7, ЛИЦО_8, ЛИЦО_9, ЛИЦО_10, ЛИЦО_12, ЛИЦО_13, ЛИЦО_15, ЛИЦО_16, ЛИЦО_17, ЛИЦО_18, ЛИЦО_19, ЛИЦО_20, ЛИЦО_21, ЛИЦО_22, ЛИЦО_23, ЛИЦО_24, ЛИЦО_25, ЛИЦО_26, LITSO_27 (further - claimants) with the administrative claim in the Cabinet of Ministers of Ukraine on behalf of the Ministry of Justice of Ukraine (further - the defendant) appealed to District administrative court of the city of Kiev in which they asked:

recognize the first Item of the resolution KMU No. 149 of 13.03.2013 "Some questions of payment in 2013 to the one-time monetary assistance provided by the Laws of Ukraine "About the status of veterans of war, guarantees of their social protection" and "About the victims of Nazi prosecutions" (further - the Resolution No. 149) as illegal, such which does not answer acts of the highest legal force, - to requirements p. 5 of the Art. of Art. 12- 14of , p.1 Art. 17-1 of the Law of Ukraine "About the status of veterans of war, guarantees of their social protection", Art. 17 and 19 of the Law of Ukraine "About the state social standards and the state social guarantees";

owing to action of the p. 3 of Art. 2 of the Law of Ukraine "About the status of veterans of war, guarantees of their social protection" to recognize illegal provisions of item 1 of the Resolution No. 149 and invalid from the date of adoption of the appealed resolution;

exact from the defendant - the subject of powers of authority of funds for compensation of the damage caused by its illegal decision in advantage LITsO_2 - 6525, 00 UAH, LITsO_3 - 5042, 00 UAH, LITsO_5 and LITsO_6 on 4363, 00 UAH to everyone, ЛИЦО_4, ЛИЦО_7, ЛИЦО_8, ЛИЦО_9, ЛИЦО_10, ЛИЦО_12, ЛИЦО_13, ЛИЦО_15, ЛИЦО_16, ЛИЦО_17, ЛИЦО_18, LITSO_19 on 3625, 00 UAH to everyone, ЛИЦО_20, ЛИЦО_21, ЛИЦО_22, LITSO_23 on 3441, 00 UAH to everyone, ЛИЦО_24, ЛИЦО_25, ЛИЦО_26, LITSO_27 on 2547, 00 UAH to everyone;

establish lack of competence (powers) of subject of powers of authority on determination of the extent of the one-time monetary assistance to veterans of war.

In pursuance of requirements of Art. 171 of KAS of Ukraine the defendant in No. 55 of "The official bulletin of Ukraine" publishes on July 30, 2013 the announcement of opening of production on this case.

In reasons for the claim claimants refer to the fact that item 1 of the appealed resolution establishes the amount of the one-time help to veterans of war: to disabled veterans of the I group - 2415, 00 UAH, to disabled veterans of the II group - 2110, 00 UAH, to disabled veterans of III group - 1895, 00 UAH, to combatants - 745, UAH, to participants of war - 135, 00 UAH. According to the p. 5 of Art. 13 of the Law of Ukraine "About the status of veterans of war, guarantees of their social protection" the disabled veteran of the I group has the right to the help in the amount of 10 minimum pensions with age, the disabled veteran of the II group - 8 minimum pensions on age, the disabled veteran of III group - 7 minimum pensions on age. Claimants noted what according to the logic of the government follows: that for the disabled veteran of the I group the minimum pension in 2013 constitutes: 2415: 10 = 241, UAH, for the disabled veteran of the II group - 2110: 8 = 263, 75 UAH, for the disabled veteran of III group - 1895: 7 = 270, 71 UAH. Claimants pay attention that in paragraph 5 p.1 Art. 7 of the Law of Ukraine "About the Government budget of Ukraine for 2013" establishes since January 1, 2013 subsistence minimum for persons who lost working capacity, in the amount of 894, 00 UAH. According to claimants, each disabled veteran of the I group, instead of proper 10 minimalok received only 2,7; each disabled veteran of the II group instead of proper 8 minimum pensions received only 2,36; each disabled veteran of III group instead of proper 7 minimum pensions received only 2,12. Thus, claimants specify, they had amounts of underpays.

In judicial session the representative of claimants provided the explanations similar stated in the action for declaration, and asked court to satisfy claims in full.

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