LETTER OF THE SUPREME ADMINISTRATIVE COURT OF UKRAINE

of July 22, 2011 No. 1091/11/13-11

Due to the origin in court practice of the questions connected using instructions of Item 7 of part I of the Law of Ukraine of June 14, 2011 No. 3491-VI "About introduction of amendments to the Law of Ukraine "About the Government budget of Ukraine for 2011" based on item 4 of part one of article 32 of the Law of Ukraine "About judicial system and the status of judges" the Supreme administrative court of Ukraine considers necessary to report the following.

On June 14, 2011 the Verkhovna Rada of Ukraine adopts the Law of Ukraine No. 3491-VI "About introduction of amendments to the Law of Ukraine "About the Government budget of Ukraine for 2011" which became effective on June 19, 2011.

Item 7 of part I of the specified Law Final provisions of the Law of Ukraine "About the Government budget of Ukraine for 2011" are added with Item 4, by which it is determined that in 2011 regulations and provisions of Articles 39, of 50, of 51, of 52, 54 Laws of Ukraine "About the status and social protection of the citizens injured with the Chernobyl catastrophic crash", article 6 of the Law of Ukraine "About social protection of children of war", Articles 14, of 22, 37 and parts three of article 43 of the Law of Ukraine "About provision of pensions of persons discharged from military service and some other persons" are applied according to the procedure and the sizes established by the Cabinet of Ministers of Ukraine proceeding from the available financial resource of the budget of the Pension fund of Ukraine for 2011.

Follows from the analysis of the given regulation that determination of procedure and the amount of payments to the specified categories of citizens is delegated to the Cabinet of Ministers of Ukraine.

In case of the solution of question what of one-subject legislative arrangements of equal hierarchy which are not acknowledged unconstitutional in accordance with the established procedure is subject to application for resolution of disputes of the specified category the benefit should be provided to that from them which is accepted later. In the case under consideration later the provisions of the law of Ukraine of June 14, 2011 No. 3491-VI "About introduction of amendments to the Law of Ukraine "About the Government budget of Ukraine for 2011" are accepted.

It is at the same time necessary to pay attention that at the time of entry into force of the specified Law, the Cabinet of Ministers of Ukraine does not establish new procedure and the amount of payments to separate categories of citizens.

Considering stated, before entry into force of the regulatory legal act of the Cabinet of Ministers of Ukraine adopted in pursuance of requirements of item 4 of Final provisions of the Law of Ukraine "About the Government budget of Ukraine for 2011" provisions of Articles 39, of 50, of 51, of 52, 54 Laws of Ukraine "About the status and social protection of the citizens injured with the Chernobyl catastrophic crash", article 6 of the Law of Ukraine "About social protection of children of war", Articles 14, of 22, 37 and parts three of article 43 of the Law of Ukraine "About provision of pensions of persons discharged from military service and some other persons" are subject to application.

This letter we suggest to inform judges of local and Appeal administrative courts for accounting when implementing justice.

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