At the Public Part of the Plenary Session, the First Senate of the Court Deliberated the Case upon the Constitutional Complaint of I. Melnychuk

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On December 22, the First Senate of the Court, at the public part of the plenary session, in the form of written proceedings, deliberated the case upon the constitutional complaint of Ihor Melnychuk on the constitutionality of the first sentence of Article 86.15.6 of the Law of Ukraine “On the Prosecutor's Office” of October 14, 2014 No. 1697-VІІ as amended (hereinafter – the Law).

Viktor Kychun, Judge-Rapporteur in the case, noted that I. Melnychuk had appealed to the Constitutional Court of Ukraine for verification of compliance of the first sentence of Article 86.15.6 of the Law with the provisions of Articles 3.2, 8.1, 8.2, 17.5, 21, 22.2., 22.3, 24.1, 24.2, 41.1, 41.4, 46, 58.1, 64, 68.1 of the Constitution of Ukraine.

According to the disputed provision of the Law, the maximum amount of pension (including allowances, increases, extra pensions, targeted cash benefits, pensions for special services to Ukraine, indexation and other pension supplements established by law, except for supplements to certain categories of persons with special merits before the Motherland) may not exceed ten subsistence minimums established for persons who have lost their ability to work.

The complainant points out “the legislator's restriction of prosecutors' maximum pensions has narrowed their right to social protection, guaranteed by Article 46 of the Constitution of Ukraine, and contradicts other provisions of the Basic Law of Ukraine.”

During the plenary session, the Judge-Rapporteur also noted the progress of the case in the courts, the grounds for initiating proceedings and said that in order to ensure full and objective hearing, letters of inquiry were sent to higher education establishments to deliver their opinions on issues raised in the constitutional complaint.

The First Senate terminated the deliberation of the case in the public part of the plenary session and proceeded to the in-camera part for decision.

The public part of the plenary session was attended by the subject of the right to constitutional complaint Ihor Melnychuk, the Representative of the President of Ukraine in the Constitutional Court of Ukraine Fedir Venislavskyi.

The public part of the plenary session is available on the Court's official website under the heading “Archive of video broadcasts of the sessions”.

 

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