Name of Ukraine

SOLUTION OF THE CONSTITUTIONAL COURT OF UKRAINE

of June 8, 2016 No. 3-rp/2016

On 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 the paragraph of the seventh to part nine of article 11 of the Law of Ukraine "About government assistance to families with children" (case on the termination of payment of the help in case of the child's birth)

Case No. 1-2/2016

Constitutional court of Ukraine as a part of judges:

Baulin Yury Vasilyevich - the chairman,

Vdovichenko Sergey Leonidovich,

Gultaya Mikhail Miroslavovich,

Zaporozhets Mikhail Petrovich,

Kasminin Alexander Vladimirovich,

Kolesnik Victor Pavlovich,

Krivenko Victor Vasilyevich,

Litvinov Alexander Nikolaevich,

Moysyk Vladimir Romanovich,

Sergeychuk Oleg Anatolyevich - the speaker,

Slidenko Igor Dmitriyevich,

Tupitsky Alexander Nikolaevich,

Shaptala Natalya Konstantinovna,

Shevchuk Stanislav Vladimirovich,

No. 2811-XII 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 the paragraph of the seventh to part nine of article 11 of the Law of Ukraine "About government assistance to families with children" of November 21, 1992 (Sheets of the Verkhovna Rada of Ukraine, 1993, No. 5, the Art. 21) with the following changes.

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 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 the paragraph of the seventh of part nine of article 11 of the specified law.

Having heard the judge-speaker Sergeychuk O. A. and having researched case papers, including line items of the President of Ukraine, the Chairman of the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the Ministry of Justice of Ukraine, the Ministry of social policy of Ukraine, scientists of Institute of the state and the right of V. M. Koretsky of NAS of Ukraine, the Kiev national university of Taras Shevchenko, National legal university of Yaroslav the Wise, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation is the Representative of the Verkhovna Rada of Ukraine for human rights - appealed to the Constitutional Court of Ukraine with the petition to recognize not corresponding to the Constitution of Ukraine (unconstitutional) the paragraph of the seventh part nine of article 11 of the Law of Ukraine "About government assistance to families with children" of November 21, 1992 as No. 2811-XII with subsequent changes (further - the Law) according to which payment of the help in case of the birth of the child stops "in case of other circumstances".

It is provided in part nine of article 11 of the Law that payment of the help in case of the birth of the child stops in case: deprivations of the receiver of the help of the parent rights; confiscations of the child at the receiver of the help without deprivation of the parent rights; the temporary device of the child on complete state content; the terminations of guardianship or release of the guardian from its powers concerning the specific child; inappropriate use of means and failure to provide by the receiver of the help of proper conditions for full content and education of the child; in case of other circumstances.

According to the author of the petition, availability of such basis for the termination of payment of the help in case of the child's birth as "in case of other circumstances", deprives person of opportunity to foretell what circumstances can lead to the termination of payment of this help to it, allocates public authorities with unrestricted diskretion in the solution of question of the termination of payment of such help and, respectively, does not provide protection of person against any intervention in its right to the help in case of the child's birth.

The representative of the Verkhovna Rada of Ukraine for human rights claims that the paragraph of the seventh part nine of article 11 of the Law does not correspond to Article part one 46, of part one of article 57 of the Constitution of Ukraine in system communication with part one of Article 8 of the Fundamental Law of Ukraine.

2. Constitutional court of Ukraine, resolving the question which is brought up in the constitutional representation, proceeds from the following.

2.1. According to the Constitution of Ukraine Ukraine is the democratic, constitutional state (Article 1); the person, his life and health, honor and advantage, immunity and safety are recognized Ukraine the highest social value; human rights and freedoms and their guarantees determine content and orientation of activities of the state; the state answers to the person for the activities; approval and providing human rights and freedoms is the main obligation of the state (Article 3); the family, the childhood, motherhood and paternity are protected by the state (Article part three 51).

Only the laws of Ukraine determine, in particular, bases of social protection; bases of regulation of scrap, family, child care, motherhood, paternity (Item 6 parts one of article 92 of the Constitution of Ukraine).

According to the Law of Ukraine "About child care" the state shall provide proper conditions for education, physical, mental, social, spiritual and intellectual development of children, their social and psychological adaptation and active activity, growth in family environment in the atmosphere of the world, advantage, mutual respect, freedom and equality (Article 4). Priority in legal regulation of the family relations providing each child with family education, possibility of spiritual and physical development (part two of article 1 of the Family code of Ukraine) is.

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