Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

Name of Ukraine

DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of December 20, 2016 No. 7-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 the second proposal of part seven Article 43, first proposal of part one of article 54 of the Law of Ukraine "About provision of pensions of the persons discharged from military service and some other persons"

Case No. 1-38/2016

Constitutional court of Ukraine consisting of judges:

Baulin Yury Vasilyevich - the chairman,

Vdovichenko Sergey Leonidovich,

Gultaya Mikhail Miroslavovich,

Zaporozhets Mikhail Petrovich - the speaker,

Kasminin Alexander Vladimirovich,

Kolesnik Victor Pavlovich,

Krivenko Victor Vasilyevich,

Litvinov Alexander Nikolaevich,

Melnik Nikolay Ivanovich,

Moysyk Vladimir Romanovich,

Sasa Sergey Vladimirovich,

Slidenko Igor Dmitriyevich,

Tupitsky Alexander Nikolaevich,

Shaptala Natalya Konstantinovna,

Shevchuk Stanislav Vladimirovich,

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 second proposal of part seven Article 43, first proposal of part one of article 54 of the Law of Ukraine "About provision of pensions of the persons discharged from military service and some other persons" of April 9, 1992 No. 2262-XII (Sheets of the Verkhovna Rada of Ukraine, 1992, No. 29, Art. 399) with changes.

The constitutional representation of the Supreme Court of Ukraine became reason for consideration of the case; the basis for consideration of the case is statement of the subject of law on the constitutional idea of illegality of provisions of the second offer of part of the seventh Article 43, the first offer of part one of article 54 of the Law of Ukraine "About provision of pensions of the persons discharged from military service and some other persons".

Having heard the judge-speaker and having researched case papers, including the line of the President of Ukraine, the Chairman of the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the Ministry of social policy of Ukraine, the Ministry of Justice of Ukraine, the Pension fund of Ukraine, scientists of Institute of the state and the right of V. M. Koretsky of NAN of Ukraine, the Kiev national university of Taras Shevchenko, National academy of internal affairs, National university "Odessa Legal Academy", National legal university of Yaroslav the Wise, the Constitutional Court of Ukraine established:

1. The Supreme Court of Ukraine appealed to the Constitutional Court of Ukraine with the petition to recognize not corresponding to the Constitution of Ukraine (unconstitutional) provisions of the second offer of part seventh (in the constitutional representation - part five) Article 43, first proposal of part one of article 54 of the Law of Ukraine "About provision of pensions of the persons discharged from military service and some other persons" of April 9, 1992 as No. 2262-XII with changes (further - the Law No. 2262) in interrelation with Item 2 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 (further - the Law No. 213), Item 2 of the Section II "Final provisions" of the Law of Ukraine "About modification of some legal acts of Ukraine" of December 24, 2015 No. 911-VIII (further - the Law No. 911).

According to the subparagraph 3 of Item 1 of the Section I of the Law of Ukraine "About introduction of amendments to some laws of Ukraine of rather social protection of the reservists injured with participation in anti-terrorist operation, and members of their families" of April 12, 2016 No. 1080-VIII article 43 of the Law No. 2262 after part three is added with two new parts in this connection part five of this Article became part seven without changes in content that does not interfere with conducting its check on compliance of the Constitution of Ukraine (constitutionality).

The board of judges of the Constitutional Court of Ukraine by the Resolution of June 16, 2016 opened the constitutional proceeedings about compliance of the Constitution of Ukraine (constitutionality) of provisions of the second offer of part of the seventh Article 43, part one of article 54 of the Law No. 2262, and regarding check on compliance of the Constitution of Ukraine (constitutionality) of Item 2 of the Section III "Final provisions" of the Law No. 213, Item 2 of the Section II "Final provisions" of the Law No. 911 refused opening of the constitutional proceeedings based on Item 2 of article 45 of the Law of Ukraine "About the Constitutional Court of Ukraine" - discrepancy of the constitutional representation to the requirements provided by the Constitution of Ukraine, this law.

According to provisions of the second proposal of part seven article 43 of the Law No. 2262 temporarily, during the period from January 1, 2016 to December 31, 2016, the maximum size of pension (taking into account allowances, increases, additional pension, the target monetary assistance, pension for special merits in front of Ukraine, indexation and other pension supplements established by the legislation except surcharge to allowances to the separate categories of persons having special merits before the Homeland) the amount which cannot exceed 10740 hryvnias is limited. Provisions of the first offer of part one of Article 54 suspend payment to the granted pension to persons (except disabled people of I and II groups, disabled veterans of the III group, veterans of military service and combatants, persons on whom action of Item 1 of article 10 of the Law of Ukraine "Expatiates on the status of veterans of war, guarantee of their social protection") which work at positions and at the conditions provided by the laws of Ukraine "About public service", "About prosecutor's office", "About judicial system and the status of judges".

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.