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The Constitutional Court did not directly consider the quarantine restrictions, as the resolution of the Cabinet of Ministers of Ukraine on the introduction of quarantine has already been modified several times. At the same time, the decision of the Constitutional Court underlines that only the Verkhovna Rada can restrict the constitutional rights and freedoms of citizens in the cases provided for by the Basic Law.
The Constitutional Court of Ukraine has declared unconstitutional the decisions of the Verkhovna Rada on the limitation of the maximum salary for certain categories of civil servants during the quarantine period imposed due to the coronavirus epidemic. According to the press service of the Constitutional Court, this decision was made on August 28 in the case on the constitutional proposal of the Supreme Court.
In particular, the Constitutional Court determined that parts 1, 3 of art. 29 of the Law “On the State Budget of Ukraine for 2020” of November 14, 2019 No. 294-IX amended on April 13, 2020 by Law No. 553-IX.
With these points, the Rada has limited the maximum size of the salaries of certain categories of civil servants. In particular, officials of budgetary institutions, judges, prosecutors, deputies, employees of the NBU, according to the decision of parliament, during the quarantine period could not receive more than 10 minimum wages (47 230 UAH).
The rule was also recognized as unconstitutional, which allowed not to cancel funds from state and local budgets based on a court decision during the quarantine.
“The specific provisions of the laws have been recognized as unconstitutional and lose force from the day the Constitutional Court of Ukraine makes this decision,” it was reported.
The process on the case of constitutionality of quarantine restrictions was closed “due to the expiration of their validity” (the original resolution of the Cabinet of Ministers has already been amended several times, some of the challenged norms have already expired, while the Constitutional Court considers only the legislative norms in force).
At the same time, the Constitutional Court stressed that “restrictions on constitutional rights and freedoms of man and citizen are only possible in cases determined by the Constitution of Ukraine.” The Constitutional Court also indicated that such restrictions “can be established exclusively by law, a law adopted by the Verkhovna Rada as the only legislative body in Ukraine; the establishment of such restriction by statute (The resolutions of the Cabinet of Ministers refer to the statutes. – “GORDON”) is contrary to the Constitution. “
The quarantine due to the outbreak of coronavirus infection in Ukraine was introduced on March 12. On May 11, the restrictions began to gradually relax. Since May 20, an adaptive quarantine has been in effect in the country, allowing regional authorities to ease restrictions as the epidemic situation improves.
The intention of the Supreme Court to challenge the constitutionality of the quarantine measures was known on May 25.
On May 29, the plenary session of the Supreme Council concluded that the anti-epidemic measures provided by the Cabinet of Ministers restrict the inalienable human right to freedom of movement and peaceful assembly. The court’s presentation emphasizes that restrictions imposed by the Cabinet of Ministers are possible only in a state of emergency or martial law.
At the beginning of June, the constitutional brief was received by the Constitutional Court.
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