Name of Ukraine

SOLUTION OF THE CONSTITUTIONAL COURT OF UKRAINE

of June 8, 2016 No. 4-rp/2016

On case on the constitutional representation of the Supreme Court of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of part three, paragraphs of the first, the second, fourth, sixth part five of article 141 of the Law of Ukraine "About judicial system and the status of judges" and provisions of Item 5 of the Section III "Final provisions" of the Law of Ukraine "About modification of some legal acts of Ukraine concerning provision of pensions" (case on monthly perpetual monetary pay of judges in resignation)

Case No. 1-8/2016

Constitutional court of Ukraine as a part of judges:

Baulin Yury Vasilyevich - the chairman,

Vdovichenko Sergey Leonidovich - the speaker,

Gultaya Mikhail Miroslavovich,

Zaporozhets Mikhail Petrovich,

Kasminin Alexander Vladimirovich,

Kolesnik Victor Pavlovich,

Krivenko Victor Vasilyevich,

Litvinov Alexander Nikolaevich,

Moysyk Vladimir Romanovich,

Sergeychuk Oleg Anatolyevich,

Slidenko Igor Dmitriyevich,

Tupitsky Alexander Nikolaevich,

Shaptala Natalya Konstantinovna,

Shevchuk Stanislav Vladimirovich,

with participation of representatives of the person of law on the constitutional representation of the Supreme Court of Ukraine: Klimenko M. R., Berestova I. E.; Permanent representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine Selivanov A. A.; representatives of the Cabinet of Ministers of Ukraine: Kachura R. P., Mushchinina V. V., Yanchuk A. V.; the representative of Judicial council of Ukraine Novikov N. N. recruited in consideration of the case,

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 part three, paragraphs of the first, the second, fourth, sixth parts five of article 141 of the Law of Ukraine "About judicial system and the status of judges" of July 7, 2010 No. 2453-VI (Sheets of the Verkhovna Rada of Ukraine, 2010, Art. No. No. 41-45, 529) in edition of the Law of Ukraine "About providing the right to fair trial" of February 12, 2015 No. 192-VIII (Sheets of the Verkhovna Rada of Ukraine, 2015, Art. No. No. 18-20, 132) with the changes made by the Law of Ukraine "About modification of some legal acts of Ukraine concerning provision of pensions" of March 2, 2015 No. 213-VIII (Sheets of the Verkhovna Rada of Ukraine, 2015, No. 22, the Art. 145), The law of Ukraine "About modification of some legal acts of Ukraine" of December 24, 2015 No. 911-VIII (Sheets of the Verkhovna Rada of Ukraine, 2016, No. 5, the Art. 50), and concerning provisions of Item 5 of the Section III "Final provisions" of the Law of Ukraine "About modification of some legal acts of Ukraine concerning provision of pensions" of March 2, 2015 No. 213-VIII.

Reason for consideration of the case according to Articles 39, 40 Laws of Ukraine "About the Constitutional Court of Ukraine" became the constitutional representations 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 statement of the person of law on the constitutional idea of illegality of separate provisions of the Law of Ukraine "About judicial system and the status of judges" of July 7, 2010 No. 2453-VI with subsequent changes and the Law of Ukraine "About modification of some legal acts of Ukraine concerning provision of pensions" of March 2, 2015 No. 213-VIII.

Having heard the judge-speaker Vdovichenko S. L. and having researched case papers, including the line items stated by the Chairman of the Verkhovna Rada of Ukraine, Premyerministr of Ukraine, the Supreme administrative court of Ukraine, the Supreme Economic Court of Ukraine, the Supreme specialized court of Ukraine on consideration of civil and criminal cases, the Supreme council of justice, Public judicial administration of Ukraine, Judicial council of Ukraine, scientists of Institute of the state and the right of V. M. Koretsky to NAS of Ukraine, National legal university of Yaroslav the Wise, National university "Odessa Legal Academy", the Constitutional Court of Ukraine established:

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