For changing the fees for child nutrition in preschool Lutsk
In Lutsk recent days raised a wave of indignation, is caused by the Executive Committee at the town council on the amount of parental fees for child nutrition in preschool education. Specifically, the amount of the fee referred to in paragraph. 3 judgment of 07.11.2018 №702-1 "On the categories of persons, eligible for free meals in educational institutions of the city " and n. 5 judgment of 06.12.2018 №795-1 "On monetary allowances and the amount of parental fees for child nutrition in preschool education". These items, in particular, provided:
For children of pre-school education with family, belonging to other local communities, set parental fee in the amount of 100% of the cost for meals for a day.
Instead of feeding babies with parents Lutsk residence permit situation is different: 40% the cost of food is financed from the city budget, and the rest 60% parents pay extra (in much, as it was before). If we talk about specific numbers, then payment will be food:
| Age of child | For residents of. Lutsk | For residents of other communities |
| To 3 years | 300 UAH. | 500 UAH. |
| From 3 to 7 years | 360 UAH. | 600 UAH. |
How commented Head of Education at the town council Zinovy Leshchenko, decisions of the Executive Committee set fee of 100% Food for children from families, who do not live in Lutsk, do not pay taxes to the budget of Lutsk.
From this point, it seems, that is the key linking families (obviously, first parents) before taxes in the budget of. Lutsk. So the question arises immediately: And what about their parents, which, although not registered Lutsk., but work in the city, get here and pay wages taxes to the city budget. Lutsk? Because according to claim. 168.4.1 Tax Code Ukraine, withheld tax on personal income, credited to the budget according to the Budget Code of Ukraine. This Article. 64 Budget Code provides, the tax on income of natural persons, payable tax agent (employer) credited to the respective local budget location of the tax agent.
Or do, if the father is registered in and pays city taxes, and my mother is outside of town and not working, or is maternity leave, therefore do not pay taxes? So the decisions taken in Executive Committee of the notion of "family, belonging to another local community ", very blurry.
obviously, should seek clarification to the Executive Committee, He said to him the same term as used.
in addition, Many believe such innovations unconstitutional and discrimination. After centuries. 24 Constitution of Ukraine says: citizens have equal constitutional rights and freedoms and are equal before the law. Can not be privileges or restrictions based on residence ..., ... or other characteristics.
For Ukraine, this situation is not new. For example, in Ternopil similar circumstances occurred over a year ago. Ternopil City Council decision was challenged in court, which reversed the decision, acknowledging its discriminatory. True, appellate court quashed the decision of a local court, making a conclusion, Food that children in pre-school is not part of the right to education. In my opinion, somewhat dubious conclusion, because Article. 35 Law of Ukraine "On Preschool Education" is quite unambiguous name: "Catering to children of pre-school education". So say, that the food in the garden is not part of the right to education is somewhat premature. Thus, the final point is put cassation, which is pending lawsuit.
In general, The situation is ambiguous. As with the previous decision of the Executive Committee of Lutsk city council 24.01.2016 № 23-1 "On approval neighborhoods institutions of secondary education and keeping records of school children and students". It also installed, that the school, which will baby, depends on the place of registration. Although the decision was made though on performance standards Article. 66 Law "On Education", but what, If these rules are unconstitutional?
uoh do?
The options are many. The easiest - seek to register family in Lutsk. If this is not possible, but your family, despite residence, officially working in Lutsk - should prove, that the decision of the executive committee have not concerns, because you pay the tax to the local budget.
And if your family is not registered with Lutsk, and does not work here - you can try to court to challenge both the decision of the executive committee, indicating their unconstitutional and discriminatory. In the best of circumstances it is possible, that the court proceedings to an end stop action making executive committee. Meanwhile, the trial ends - who knows, can, your child as long and go to school!
Although the amount of parental fees for food is not excessive. Therefore, it is possible, the vast majority of parents agree with the new "tariff", not wanting to spend money on legal fees. But there are two life hacking:
- costs and expenses, in particular, to legal assistance, can significantly reduce, If several families unite.
- If you wish to defend their interests and the opportunity to unite - do it already. After all, miracles happen not only for the new year. But also before elections.
