Supreme Court declares illegal checks of displaced persons for obtaining payments
The Administrative Cassation Court of the Supreme Court of Ukraine has declared unlawful two resolutions of the Cabinet of Ministers concerning the verification of presence of internally displaced persons at their registered place of residence for receiving social benefits.
"To dismiss the cassation appeal of the Cabinet of Ministers. To remain unchanged the decision of the District Administrative Court of Kyiv dated June 29, 2017 and the resolution of Kyiv's Administrative Court of Appeals dated July 4, 2018," according to ruling No. 826/12123/16 of the Supreme Court dated December 20, 2018.
An explanatory note says that the panel of judges of the Supreme Court believes that the court of first instance, to which the appellate court agreed, came to the correct conclusion that the provisions of Paragraphs 7, 8, 9, and 13 of the Order of Assigning (Restoring) Social Payments to Internally Displaced Persons and the Procedure of Monitoring the Implementation of Social Payments to Internally Displaced Persons at the Place of Their Actual Residence/Stay, which were approved by the Cabinet of Ministers in resolution No. 365 of June 8, 2016 and Paragraph 10 of Provision 1 of cabinet resolution No. 637 on social payments to internally displaced persons dated November 5, 2014 should be recognized as invalid, since the latter do not comply with the legal acts of higher legal force.