The Constitutional Court will determine whether the Cabinet of Ministers may regulate the payments provided by the law

The MPs have raised the question before the Constitutional Court whether the Cabinet of Ministers may regulate the payments provided by the law.

The Constitutional Court began the consideration of the case on the constitutionality of provisions p. 11 of final provisions of the Law “On State Budget of Ukraine for 2016”. The issue before the Court were raised by the MPs.

The disputed provisions stipulate that the rules of certain laws are applied in accordance with such procedure and at such amount established by the Cabinet of Ministers, based on the available financial resources of the state and local budgets and the budget of the Social Insurance Fund.

The authors of an appeal pointed out that these social benefits and guarantees are granted and paid by the Government by the residual principle, in the “manual” mode.

Although this “manual” regulation is fairly a common thing, the Constitutional Court will decide whether the officials have the right to limit those payments stipulated by the legislation. Moreover, the initiators of the appeal noted that the restrictions are not consistent with the international law.

Due to the fact that the budget year is actually coming to the end, the Court’s decision will probably be “for the future”. Although during the formation of the future budget, the officials will be able not to pay attention to it.

 

Source: Law and Business

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