Consideration of the case on the constitutionality of certain provisions of the Law of Ukraine "On the National Police"
On July 2, the Grand Chamber of the Constitutional Court of Ukraine considered the case on the constitutional complaints of Oleksandr Davymoka, Mykola Boyko, Volodymyr Kryuk and Vitaliy Tokarenko in the public part of the plenary session in the form of written proceedings.
The petitioners appealed to the Court to verify the provisions of Article 97.1.4 of the Law of Ukraine "On the National Police" of 2 July 2015 № 580 – VIII as amended (hereinafter - the Law) for their compliance with the Constitution of Ukraine. These provisions of the Law stipulate that a one-time financial assistance in the event of death, determination of disability of a police officer is a social benefit guaranteed by the state, which is appointed and paid to persons entitled to it, in the case of "disability due to illness, injury (contusion, injury or mutilation) related to his service in the internal affairs bodies or the police, within six months after his release from the police due to the reasons specified in this paragraph".
Judges-co-rapporteurs in this case are Viktor Gorodovenko, Oleksandr Kasminin and Oleh Pervomayskyi.
During the plenary session, Judge-Rapporteur in the case Oleh Pervomayskyi announced the merging of the constitutional proceedings on these complaints into one constitutional proceedings and informed about the content of the constitutional complaints.
According to him, the applicants emphasise that, in applying the provisions of the Law in their cases, the courts violated the constitutional guarantees of social protection, as the one-time financial assistance in the event of a police officer's disability due to illness or injuries related to his service in the internal affairs bodies or the police cannot be connected with such a condition as the grounds for dismissal.
The petitioners note that due to the fact that this assistance is paid only to a police officer who has been dismissed due to illness, and provided that the disability is determined for a police officer within six months after dismissal from the police, the disputed provisions of the Law, in their opinion, are discriminatory and do not comply with a number of articles of the Constitution of Ukraine.
The Judge-Rapporteur also stated that inquiries had been sent to public authorities and research institutions to formulate legal positions on issues raised in the constitutional complaints.
The Court concluded its consideration of the case in the public part of the plenary session and proceeded to the in-camera part for a decision.
The public part of the plenary session is available through the link: http://ccu.gov.ua/kategoriya/2020.
