Abidance by Article 58 of the Constitution of Ukraine when Considering a Civil Cases about Compensation of the Moral Injury Affected by Accidents on Production
Abstract
The article is devoted to the disclosure of problems of compliance with the retroactivity of the law with the compensation of moral (non-material) harm to victims of accidents at work and occupational diseases. The polyvariance of the application by the courts of general jurisdiction of the provisions of Part 8 of Art. 36 of the Law of Ukraine «On Compulsory State Social Insurance» for an indefinite period in time is established. The creation of this part of a new norm of a retroactive form of action is being proved, which contradicts Art. 58 of the Constitution of Ukraine.
The dissemination of this norm for an indefinite period of time and the withdrawal of the Fund from among the subjects that can reimburse the damage (for an indefinite period of time) limits the rights of employers as insurers and other persons as payers of a singlecontribution to the general obligatory state social insurance in connection with the emergence of an additional obligation to compensate moral (non-property) harm and contradicts part three of Art. 22 of the Fundamental Law of Ukraine in part of the restriction on The scope of their rights is the norm of a retroactive form of action.
At the same time, Law № 1105-XIV remained the same law, it received only a new edition of its main provisions and a new name. Therefore, the combination of the words «irrespective of the time of occurrence of the insured event» in part eight of Article 36 of Law № 1105-XIV in the version of Law № 77-VIII allows the distribution for an indefinite past period of time (including for the period from 1999 to 2005) essentially intervenes in the essence of relations of state social insurance, canceling «compensation of moral
(non-material) harm to victims of accidents at work or occupational diseases and members of their families» as an insurance payment, and creates a new the procedure for compensation of such harm to a new subject of compensation.
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