Some problems of application of legal provisions, regulating remuneration in the procedure of judicial protection of the rights of State Enforcement Service’s servants

Abstract

Problem setting. In 2020, amendments were made to the State Budget of Ukraine for 2020, which established a temporary restriction on the maximum salary of civil servants of the State Enforcement Service and judges. During this time, judicial practice has been formed on the application of legislation in the field of remuneration civil servants of the State Enforcement Service and judges. Analysis of this practice shows that there is a different approach to resolving homogeneous disputes.

Analysis of recent researches and publications. As the problem highlighted in the article is related to the case law of the last year, there are no studies and publications on this topic. Target of research. The purpose of this article is to identify problems of law enforcement in the field of remuneration of civil servants, including civil servants, related to the temporary restriction of their maximum earnings, as well as to recommend possible solutions.

Article’s main body. Based on the analysis of specific court precedents, the authors argue that courts in similar disputes, but with different plaintiffs (state executors and judges) unequally apply the provisions of the Constitutional Court of Ukraine on the unconstitutionality of the Law of Ukraine “On Amendments to the Law of Ukraine”, dated April 13, 2020 № 553-IX. If the plaintiff in the case is a judge, the courts apply the retroactive effect of the law to compensate for the unreceived judicial fees for the period of limitation of such payments. If the plaintiff in the case is a state executor, the courts refuse to collect the unreceived remuneration, referring to the fact that the decisions of the Constitutional Court of Ukraine are not retroactive.

The Constitution of Ukraine guarantees the independence of the judiciary as one of the branches of government. But in accordance with Art. 22 of the Constitution of Ukraine, all have equal constitutional rights and freedoms and are equal before the law. Civil servants in the executive branch are also subject to constitutional guarantees of equality of rights. Therefore, such a different approach of the courts to resolving similar disputes leads, according to the authors, to discrimination against citizens.

Conclusions and prospects for the development. The authors state the lack of a unified approach in judicial practice on the application of the decision of the Constitutional Court of Ukraine on the unconstitutionality of the Law of Ukraine “On Amendments to the Law of Ukraine” On State Budget for 2020 “of April 13, 2020 № 553-IX in disputes employees not received due to limited payments. The Supreme Court should analyze and summarize relevant case law. This will ensure uniform application of the law by the courts.