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DECISION OF THE FIRST SENATE OF THE CONSTITUTIONAL COURT OF UKRAINE

of September 13, 2023 No. 7-r (I)/2023

On case on the constitutional claim of Kostina Nikolay Vasilyevich concerning compliance of the Constitution of Ukraine (constitutionality) of provision of Item 26 of the Section VI "Final and transitional provisions" of the Budget code of Ukraine

Case No. 3-51/2021(115/21)

The first senate of the Constitutional Court of Ukraine in structure:

Petrishina of Alexander Vitalyevicha-predsedatelstvuyushchego,

Grishchuk Oksana Viktorovna,

Kichun Victor Ivanovich speaker,

Kolesnik Victor Pavlovich,

Sovgiri Olga Vladimirovna,

Filyuk Pyotr Todosyevich,

considered at plenary meeting case on the constitutional claim of Kostina Nikolay Vasilyevich concerning compliance of the Constitution of Ukraine (constitutionality) of provision of Item 26 of the Section VI "Final and transitional provisions" of the Budget code of Ukraine.

Having heard the judge-speaker Kichun V. I. and having researched case papers, the Constitutional Court of Ukraine

established:

1. Kostina M. V. appealed to the Constitutional Court of Ukraine with the petition to check for compliance to parts one, the second Article 8, Article parts three 22, of part one of article 46 of the Constitution of Ukraine (constitutionality) of provision of Item 26 of the Section VI "Final and transitional provisions" of the Budget code of Ukraine (further - the Code) according to which regulations and provisions of Articles 20, 21, 22, 23, 30, 31, 37, 39, 48, 50, 51, 52 and 54 Laws of Ukraine "About the status and social protection of the citizens who were injured owing to the Chernobyl catastrophic crash" of February 28, 1991 No. 796-XII with changes (further - the Law No. 796) are applied according to the procedure and the sizes established by the Cabinet of Ministers of Ukraine proceeding from the available financial resources of the state and local budgets and budgets of funds of obligatory national social insurance.

The person of law on the constitutional claim considers that the challenged provision of the Code narrows content and amount of the guarantees of social protection of the citizens who were injured owing to the Chernobyl catastrophic crash which are earlier determined by the state and puts realization of such guarantees into dependence on the available financial budget resources, than breaks the principle of supremacy of law established by the Constitution of Ukraine (pravovlastiya).

1.1. The first senate of the Constitutional Court of Ukraine determination of July 12, 2023 No. 12-up (I)/2023 closed the constitutional proceeedings according to the constitutional claim of Kostina Nikolay Vasilyevich concerning compliance of the Constitution of Ukraine (constitutionality) of provision of Item 26 of the Section VI "Final and transitional provisions" of the Budget code of Ukraine in part by which regulations and provisions of Articles 20, of 21, of 22, of 23, of 30, of 31, of 37, of 39, of 48, of 51, 52 Laws No. 796 are applied according to the procedure and the sizes established by the Cabinet of Ministers of Ukraine proceeding from the available financial resources of the state and local budgets and budgets of funds of obligatory national social insurance, based on item 4 of article 62 of the Law of Ukraine "About the Constitutional Court of Ukraine" - unacceptability of the constitutional claim.

So, subject of the constitutional control in this case is the provision of Item 26 of the Section VI "Final and transitional provisions" of the Code in part by which regulations and provisions of Articles 50, 54 Laws No. 796 are applied according to the procedure and the sizes established by the Cabinet of Ministers of Ukraine proceeding from the available financial resources of the state and local budgets and budgets of funds of obligatory national social insurance.

2. Constitutional court of Ukraine, resolving the questions raised in the constitutional claim, proceeds from it.

2.1. In the Constitution of Ukraine it is determined that Ukraine is the social, constitutional state (Article 1); 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 part two 3).

The constitutional court of Ukraine in the Solution of June 1, 2016 No. 2-rp/2016 specified that "the state, fulfilling the main duty - approval and providing human rights and freedoms (Part two of article 3 of the Constitution of Ukraine) - shall not only abstain from violations or disproportionate restrictions of human rights and freedoms, but also take proper measures for possibility of their complete realization by everyone who is under its jurisdiction. For this purpose the legislator and other bodies of the public power shall provide the effective legal regulation meeting the constitutional standards and the principles and to create the mechanisms necessary for requirements satisfaction and interests of the person" (the first, second offer of paragraph one of Item 3 of motivation part).

In Ukraine the principle of supremacy of law is recognized and is effective; The Constitution of Ukraine has the highest legal force; the laws and other regulatory legal acts are adopted on the basis of the Constitution of Ukraine and shall correspond to it (parts one, the second Article 8 of the Fundamental Law of Ukraine).

The constitutional court of Ukraine in a number of decisions stated legal line items concerning instructions of article 8 of the Constitution of Ukraine and noted that:

- "supremacy of law should be understood, in particular, as the mechanism of ensuring control over use of the power by the state and protection of the person against any actions of the government" (the paragraph third subitem 3.1 of Item 3 of motivation part of the Decision of January 23, 2020 No. 1-r/2020);

- "one of requirements of the principle of supremacy of law (pravovlastiya) is the requirement of legal definiteness (as the principle) what the Constitutional Court of Ukraine repeatedly specified in the conclusions and decisions" [the first offer of paragraph one of subitem 2.1.1 of subitem 2.1 of Item 2 of motivation part of the Decision of June 18, 2020 No. 5-P(II)/2020];

- "legal definiteness gives the chance to participants of the public relations to provide effects of the actions and to be confident in the legitimate expectations (legitimate expectations), in particular that the right acquired by them based on the current legislation will be exercised" [paragraph two of subitem 2.2 of Item 2 of motivation part of the Decision of June 5, 2019 No. 3-r (I)/2019].

In the Solution of November 16, 2022 No. 9-P(II)/2022 the Constitutional Court of Ukraine also noted that "in the Report on pravovlastiya approved by the European Commission "For democracy through the right" (the Venetian Commission) at its 86th plenary meeting which took place on March 25-26, 2011 [CDL-AD (2011)003rev], is specified that "legal definiteness requires that legal regulations were clear and exact, and also that ensuring anticipation of situations and legal relationship" (the first offer § 46) was their purpose; <...> in special research of the European commission "For democracy through the right" (The Venetian commission) "Criterion pravovlasty", "foresight means not only the fact that instructions of the act of the right shall be <...> provident on the effects: they shall be formulated with sufficient clearness and clearness that persons of law had opportunity to arrange the behavior according to them" [CDL-AD(2016)007, the Item II.B. 3.58]" (paragraphs the fourth, fifth subitem 4.4 of item 4 of motivation part).

So, from contents of Article 8 of the Fundamental Law of Ukraine, the legal line items of the Constitutional Court of Ukraine, and also the international acts based on its instructions in which the understanding of legal definiteness is stated it is seen that the principle of supremacy of law demands from the legislator to establish the accurate, clear, unambiguous, predicted legal regulation of the public relations for providing stable legal status of the person, not to allow any refusal of the obligations undertaken by the state, to guarantee proper protection of lawful (legitimate) expectations of person.

2.2. According to the Constitution of Ukraine in case of adoption of the new laws or introduction of amendments to current laws narrowing of content and amount of the existing rights and freedoms is not allowed (Article part three 22); the right to social protection of citizens includes the right to providing them in case of complete, partial or temporary disability, loss of the supporter, unemployment owing to circumstances, and also in old age and in other cases provided by the law (Article part one 46).

"The provision of part three of article 22 of the Constitution of Ukraine needs to be understood so that in case of adoption of the new laws or introduction of amendments to current laws narrowing of content and amount of the existing constitutional rights and human freedoms is not allowed if such narrowing leads to violation of their essence" (the paragraph the tenth subitem 2.2 of Item 2 of motivation part of the solution of the Constitutional Court of Ukraine of May 22, 2018 No. 5-r/2018).

In the Solution of November 7, 2018 No. 9-r/2018 the Constitutional Court of Ukraine stated that "the right of citizens to social protection is complex, its content is determined both the Constitution, and the laws of Ukraine"; "the constituting rights to social protection which are not concretized in part one of Article 46 of the Fundamental Law of Ukraine or in other its Articles are determined by the Verkhovna Rada of Ukraine by adoption of the laws therefore it can change, cancel or recover them when forming social policy of the state on condition of observance of the constitutional regulations and the principles" (the first offer of paragraph two, the paragraph the fourth Item 5 of motivation part).

Therefore, citizens have the right to social protection in the cases established both by the Constitution of Ukraine, and the laws. The Verkhovna Rada of Ukraine shall perform legislative regulation in the field of social policy of the state, respecting the constitutional rules and the principles.

2.3. The constitutional court of Ukraine in the decisions on cases on social protection marked out certain categories of citizens of Ukraine for which social obligations of the state have fundamental nature, citizens who according to article 17 of the Constitution of Ukraine are on service in the Armed Forces of Ukraine and other military forming, and members of their families belong to such categories, in particular, (paragraph two of Item 3 of motivation part of the decision of December 18, 2018 No. 12-r/2018), suffered as a result of the Chernobyl catastrophic crash and need additional guarantees of social protection in connection with extraordinary scales of the specified catastrophic crash and its effects (paragraph one of item 4 of motivation part of the Decision of July 17, 2018 No. 6-r/2018).

In the decisions the Constitutional Court of Ukraine formulated legal line items on social protection of the citizens who were injured owing to the Chernobyl catastrophic crash who are applicable in this case, namely:

- "assignment by the Constitution of Ukraine on the state of obligation to protect persons who were injured owing to the Chernobyl catastrophic crash specifies special status of such persons in the context of their social protection and health care and consequently it - causes the strengthened their social protection" [the paragraph the eleventh subitem 2.3 of Item 2 of motivation part of the Decision of April 7, 2021 to No. 1-P (II)/2021];

- "considering essence of article 16 of the Constitution of Ukraine, the Constitutional Court of Ukraine considers that fixing of the obligation of the state provided in it in the Section I "General principles" of the Constitution of Ukraine specifies fundamental nature of this obligation and need of allocation of category of the citizens of Ukraine who were injured owing to the Chernobyl catastrophic crash and needing additional guarantees of social protection in connection with extraordinary scales of the specified catastrophic crash and its effects" (paragraph one of item 4 of motivation part of the Decision of July 17, 2018 No. 6-r/2018);

- "need of ensuring proper level of social protection of persons injured with the Chernobyl accident is caused by restrictions, risks, losses which were suffered by them and members of their families. Additional guarantees of social protection for specified persons - package of measures in the form of privileges, compensations and guarantees are provided in the Law No. 796 accepted in pursuance of article 16 of the Constitution of Ukraine. Actually these measures are compensation to persons injured with the Chernobyl accident, for the lost health, moral and physical sufferings, restrictions in realization of the capabilities and opportunities to ensure worthy living standards, and also fixed asset of realization by the state of the constitutional obligation on ensuring social protection of such persons" (paragraph two of Item 6 of motivation part of the Decision of July 17, 2018 No. 6-r/2018).

So, the Constitutional Court of Ukraine emphasizes fundamental nature of positive obligation of the state before the citizens of Ukraine injured with the Chernobyl catastrophic crash, and need of provision to such persons of special status and providing with the state it the strengthened social protection.

2.4. The state, fulfilling the constitutional duty on overcoming effects of the Chernobyl catastrophic crash, entered special system of social protection of injured persons.

In the Solution of April 7, 2021 No. 1-P (II)/2021 the Constitutional Court of Ukraine noted that "in pursuance of the debt assigned by article 16 of the Constitution of Ukraine to the state Ukraine on behalf of the legislator adopted the Law No. 796-XII in which it established general procedure for realization of the right of the citizens who were injured owing to the Chernobyl catastrophic crash on protection of their life and health and created single procedure for determination, in particular, of social protection of injured persons" (paragraph one of subitem 2.2 of Item 2 of motivation part).

Under article 13 of the Law No. 796 the state takes the responsibility for damage suffered to citizens and shall compensate it for:

"1) damage of health or disability by the citizens and their children injured with the Chernobyl catastrophic crash;

2) loss of the supporter if his death is connected with the Chernobyl catastrophic crash;

3) material losses which were suffered by citizens and their families in connection with the Chernobyl catastrophic crash, according to this Law and other acts of the legislation of Ukraine" (part one).

The law No. 796 for establishment of privileges and compensations determines four categories of persons which were injured owing to the Chernobyl catastrophic crash (Article part one 14). Persons with disability from among participants of recovery from the accident on the Chernobyl NPP and victims of the Chernobyl catastrophic crash belong to the category 1 (Articles 10, 11, Article Part three 12) concerning which the causal relationship of disability with the Chernobyl catastrophic crash, patients owing to the Chernobyl catastrophic crash with radiation sickness (Item of 1 part one of article 14 of the Law No. 796) is established.

Therefore, special form of indemnification for the lost health, physical and moral sufferings, restrictions in realization of the capabilities to the persons which were injured owing to the Chernobyl catastrophic crash and needing additional guarantees of social protection in connection with its effects are privileges, compensations and guarantees established in the Law No. 796.

2.5. On part one of article 49 of the Law No. 796 of pension to the faces referred to categories 1, of 2, of 3, of 4, establish in type: national pension; additional pension for the harm done to health which is granted after emergence of the right to national pension. The procedure for purpose of the state and additional pensions to the faces referred to category 1, is settled by Articles 50, 54 Laws No. 796.

2.5.1. According to article 50 of the Law No. 796 the faces referred to category 1, are granted monthly additional pension for the harm done to health, according to the procedure and the sizes established by the Cabinet of Ministers of Ukraine. So, in article 50 of the Law No. 796 the sizes of monthly additional pension for the harm done to the health, faces referred to category 1 are directly not established.

The sizes of pensions to persons injured with the Chernobyl catastrophic crash, it is established by Procedure for calculation of pensions to the faces injured with the Chernobyl catastrophic crash approved by the resolution of the Cabinet of Ministers of Ukraine "About increase in level of social protection of the citizens injured with the Chernobyl catastrophic crash" of November 23, 2011 No. 1210 with changes (further - the Procedure).

Under article 116 of the Constitution of Ukraine the Cabinet of Ministers of Ukraine provides, in particular, carrying out policy in the field of social protection (Item 3). On realization of provision of article 50 of the Law No. 796 Cabinet of Ministers of Ukraine approved the Procedure. According to Procedure Item 13 monthly additional pension for the harm done to health according to the Law No. 796 is paid in the following sizes: "to persons belonging to the category 1:

from among participants of recovery from the accident on the Chernobyl NPP:

to persons with disability of the I group - 474, the 5th hryvnias" (the subitem 1).

So, under article 50 of the Law No. 796 the procedure for appointment and the sizes of monthly additional pension for the harm done to the health, faces referred to category 1, establishes the Cabinet of Ministers of Ukraine.

2.5.2. According to article 54 of the Law No. 796 of the disability pension which came owing to mutilation or disease, and pensions in connection with loss of the supporter owing to the Chernobyl catastrophic crash can be granted at the request of the citizen from the earnings received for work in exclusion zone in 1986-1990 in the amount of compensation of the actual losses which are determined according to the legislation; wives (husbands) who lost the supporter from among the participants of recovery from the accident on the Chernobyl NPP referred to category 1, pension in connection with loss of the supporter are granted irrespective of causal relationship of death with the Chernobyl catastrophic crash (part one).

In all cases the sizes of the disability pension which came owing to mutilation or disease owing to the Chernobyl catastrophic crash cannot be lower, in particular, for the I group of disability - 6000 hryvnias (part three of article 54 of the Law No. 796).

The procedure for award of pension on the disability which came owing to mutilation or disease, and pension in connection with loss of the supporter owing to the Chernobyl catastrophic crash determines the Cabinet of Ministers of Ukraine by part five of article 54 of the Law No. 796.

So, in article 54 of the Law No. 796 it is established to the faces referred to category 1, the size of the disability pension which came owing to mutilation or disease owing to the Chernobyl catastrophic crash, and the Cabinet of Ministers of Ukraine determines only procedure for purpose of such pension.

2.6. According to Item 6 parts one of article 92 of the Constitution of Ukraine only the laws of Ukraine are determined, in particular, bases of social protection, form and types of provision of pensions. The single regulatory authority in Ukraine is the parliament - the Verkhovna Rada of Ukraine (Article 75 of the Fundamental Law of Ukraine).

The constitution of Ukraine not only establishes the fundamental principles of the right of citizens to social protection, but also carries the mechanism of realization of this right to legislative regulation (the paragraph of the seventh of Item 2 of motivation part of the solution of the Constitutional Court of Ukraine of June 20, 2001 No. 10-rp/2001).

The law No. 796 is special, in it basic provisions are determined by realization of constitutional right of the citizens who were injured owing to the Chernobyl catastrophic crash on protection of their life and health, including procedure for provision of pensions of such persons therefore the Constitutional Court of Ukraine notes that for this category of persons, in particular the amount of provision of pensions, the legislator only in the Law No. 796 shall establish social guarantees.

The constitutional court of Ukraine in the decisions repeatedly paid attention that: "The code it is impossible to make changes to other laws of Ukraine, to stop their action or to cancel them, and also to determine other (additional) legislative regulation of the relations, other than what is subject of special regulation by other laws of Ukraine" (the paragraph of the eighth of subitem 2.2 of Item 2 of motivation part of the Decision of February 27, 2020 No. 3-r/2020).

2.6.1. According to the subitem 5 of Item 63 of the Section I of the Law of Ukraine "About modification of the Budget code of Ukraine concerning reform of the interbudget relations" of December 28, 2014 No. 79-VIII the Section VI "Final and transitional provisions" of the Code is added with Item 26, on which, in particular, regulations and provisions of Articles 50, 54 Laws No. 796 are applied according to the procedure and the sizes established by the Cabinet of Ministers of Ukraine proceeding from the available financial resources of the state and local budgets and budgets of funds of obligatory national social insurance.

Powers of the Cabinet of Ministers of Ukraine to the faces referred to category 1, and in connection with loss of the supporter are determined by establishment of procedure for purpose of national pension by article 54 of the Law No. 796. however by the challenged provisions of the Code it is caused that the Cabinet of Ministers of Ukraine establishes not only procedure, but also the sizes of national pension for the mentioned category of persons proceeding from the available financial resources of the state and local budgets and budgets of funds of obligatory national social insurance.

The constitutional court of Ukraine in the Solution of April 7, 2021 No. 1-P(II)/2021 specified that "social obligations of the state to citizens who lost health because the state obliged them to take part in overcoming effects of the Chernobyl accident in due time - catastrophic crashes of planetary scale and which underwent to disability as a result of such actions and also to persons with disability from among victims of this catastrophic crash shall not depend on financial opportunities of the state and its economic situation" (the first offer of the paragraph of the ninth subitem 2.5.1 of subitem 2.5 of Item 2 of motivation part).

Provisions of Item 26 of the Section VI "Final and transitional provisions" of the Code in part by which regulations and provisions of article 54 of the Law No. 796 are applied according to the procedure and the sizes established by the Cabinet of Ministers of Ukraine proceeding from the available financial resources of the state and local budgets and budgets of funds of obligatory national social insurance creates conditions under which the citizens injured with the Chernobyl catastrophic crash, namely the faces referred to category 1, and persons having pension entitlement in connection with loss of the supporter are in uncertainty condition concerning the amount of payments of national pension that does not conform to the requirement of legal definiteness (predictability) - constituent element of the principle of supremacy of law (pravovlastiya).

The constitutional court of Ukraine considers that establishment by provision of Item 26 of the Section VI "Final and transitional provisions" of the Code of another, than in article 54 of the Law No. 796, of legislative regulation attracts legal uncertainty in case of application of the specified regulations of the Code and Law No. 796, that deprives of persons injured with the Chernobyl catastrophic crash referred to category 1, of opportunity to be confident in the legitimate expectations on payment of national pension as they depend on financial opportunities of the state, and it contradicts the principle of supremacy of law, established by part one of article 8 of the Constitution of Ukraine.

Considering that article 50 of the Law No. 796 directly does not establish the sizes of monthly additional pension for the harm done to the health, faces referred to category 1, the Constitutional Court of Ukraine has no bases to consider what provisions of Item 26 of the Section VI "Final and transitional provisions" of the Code in part by which regulations and provisions of article 50 of the Law No. 796 are applied according to the procedure and the sizes established by the Cabinet of Ministers of Ukraine proceeding from the available financial resources of the state and local budgets and budgets of funds of obligatory national social insurance has signs of discrepancy of part one of article 8 of the Constitution of Ukraine.

2.7. From content of provision of Item 26 of the Section VI "Final and transitional provisions" of the Code it is seen that this Provision: are not brought any changes (amendments) directly in the Law No. 796; it is not cancelled, not changed, not added, not stopped suspended) actions of any provision of the Law No. 796; the amount of social payments to persons which were injured owing to the Chernobyl catastrophic crash is not established.

The provision of Item 26 of the Section VI "Final and transitional provisions" of the Code establishes additional procedure for application of Articles 50, 54 Laws No. 796. Therefore, it is only possible to assume that the provision of Item 26 of the Section VI "Final and transitional provisions" of the Code will influence content and amount of the right to social protection of persons which were injured owing to the Chernobyl catastrophic crash, for example, if the Cabinet of Ministers of Ukraine on its accomplishment adopts the act which it will reduce the amount of social payments proceeding from the available financial resources to those limits that under doubt there will be essence of content of the right to social protection.

2.7.1. According to part one of article 67 of the Law No. 796 the amount of all surcharges, pensions and compensations is regulated by the Cabinet of Ministers of Ukraine according to change of cost of living index and growth of minimum wage.

By part four of article 54 of the Law No. 796 it is determined that "the pension sizes provided by part three of this Article since 2022 annually since March 1 are indexed according to the procedure, established by the Cabinet of Ministers of Ukraine, taking into account coefficient of the increase determined according to paragraphs two and the third part two of article 42 of the Law of Ukraine "About obligatory national pension insurance"".

According to Item 1 of the resolution of the Cabinet of Ministers of Ukraine "About indexation of retirement and insurance benefits and additional measures for increase in level of social protection of the most vulnerable segments of the population in 2023" of February 24, 2023 No. 168 (further - the Resolution No. 168) since March 1, 2023 recalculation of pensions according to the Procedure for carrying out recalculation of pensions according to part two of article 42 of the Law of Ukraine "About obligatory national pension insurance", the approved resolution of the Cabinet of Ministers of Ukraine "Question of carrying out indexation of pensions in 2019" of February 20, 2019 No. 124 with changes, is carried out using coefficient of increase in indicator of the average salary (income) in Ukraine with which insurance premiums are paid and which is considered for calculation of pension, in the amount of 1,197.

According to information which was provided by the Pension fund of Ukraine the sizes of additional pension for the harm done to the health, faces referred to category 1, correspond to the sizes, stipulated in Item 13 About; the sizes of the disability pension which came owing to mutilation or disease, and pension in connection with loss of the supporter owing to the Chernobyl catastrophic crash it is more, than stipulated in Clause 54 Laws No. 796.

So, the provision of Item 26 of the Section VI "Final and transitional provisions" of the Code in part by which regulations and provisions of Articles 50, 54 Laws No. 796 are applied according to the procedure and the sizes established by the Cabinet of Ministers of Ukraine proceeding from the available financial resources of the state and local budgets and budgets of funds of obligatory national social insurance does not influence content and amount of constitutional right on social protection of persons which were injured owing to the Chernobyl catastrophic crash as does not change the sizes of their pensions at all and therefore does not contradict Article part three 22, of part one of article 46 of the Constitution of Ukraine.

2.8. Considering brought, the Constitutional Court of Ukraine came to conclusion that it of provision of Item 26 of the Section VI "Final and transitional provisions" of the Code in part by which regulations and provisions of article 54 of the Law No. 796 are applied according to the procedure and the sizes established by the Cabinet of Ministers of Ukraine proceeding from the available financial resources of the state and local budgets and budgets of funds of obligatory national social insurance contradicts article 8 of the Constitution of Ukraine.

Considering stated and being guided by Articles 147, of 150, 151-1, 151-2, 152, 153 Constitutions of Ukraine, based on Articles 7, of 32, of 36, of 65, of 67, of 74, of 84, of 88, of 89, of 91, of 92, 94 Laws of Ukraine "About the Constitutional Court of Ukraine"

Constitutional court of Ukraine

accepted:

1. Recognize corresponding to the Constitution of Ukraine (is constitutional), provisions of Item 26 of the Section VI "Final and transitional provisions" of the Budget code of Ukraine in part by which regulations and provisions of article 50 of the Law of Ukraine "About the status and social protection of the citizens who were injured owing to the Chernobyl catastrophic crash" of February 28, 1991 No. 796-XII with changes are applied according to the procedure and the sizes established by the Cabinet of Ministers of Ukraine proceeding from the available financial resources of the state and local budgets and budgets of funds of obligatory national social insurance.

2. Recognize not corresponding to the Constitution of Ukraine (is unconstitutional), provisions of Item 26 of the Section VI "Final and transitional provisions" of the Budget code of Ukraine in part by which regulations and provisions of article 54 of the Law of Ukraine "About the status and social protection of the citizens who were injured owing to the Chernobyl catastrophic crash" of February 28, 1991 No. 796-XII with changes are applied according to the procedure and the sizes established by the Cabinet of Ministers of Ukraine proceeding from the available financial resources of the state and local budgets and budgets of funds of obligatory national social insurance.

3. The provision of Item 26 of the Section VI "Final and transitional provisions" of the Budget code of Ukraine in part by which regulations and provisions of article 54 of the Law of Ukraine "About the status and social protection of the citizens who were injured owing to the Chernobyl catastrophic crash" of February 28, 1991 No. 796-XII with changes are applied according to the procedure and the sizes established by the Cabinet of Ministers of Ukraine proceeding from the available financial resources of the state and local budgets and budgets of funds of obligatory national social insurance, recognized unconstitutional loses force from the date of adoption of this Decision.

4. The solution of the Constitutional Court of Ukraine is obligatory, final and cannot be appealed.

The solution of the Constitutional Court of Ukraine is subject to publication in "the Messenger of the Constitutional Court of Ukraine".

 

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