On July 13, at the public part of the plenary session, in the form of written proceedings, the First Senate considered the case upon the constitutional complaint of Vitalii Kovbasiuk regarding the constitutionality of specific provisions of Article 2 of the Law of Ukraine “On Measures for Legislative Support of Pension System Reform” of July 8, 2011, No. 3668-VI (hereinafter referred to as the Law No. 3668), the first sentence of Article 86.15.6 of the Law of Ukraine “On the Prosecutor’s Office” of October 14, 2014, No. 1697-VII (hereinafter referred to as the Law No. 1697).
During the plenary session, Petro Filiuk, the Judge-Rapporteur in the case, informed the Court that V.Kovbasiuk applied to the Constitutional Court of Ukraine with a request to review the constitutionality of specific provisions of Article 2 of Law No. 3668 in terms of extending its effect to the Law No. 1697, which established that the maximum amount of a pension assigned (recalculated) in accordance with the Law No. cannot exceed ten subsistence minimums established for persons who have lost working capacity.
The complainant also asks to review the provisions of the Law No. 1697 for compliance with the Constitution of Ukraine, according to which “the maximum amount of a pension (taking into account allowances, increases, additional pensions, targeted financial assistance, pensions for special services to Ukraine, indexation and other supplements to pensions established by the law, except for additional payments to allowances for certain categories of persons who have special merits to the Motherland) cannot exceed ten subsistence minimums established for persons who have lost working capacity”.
According to the author of the complaint, limiting the maximum amount of the pension assigned (enumerated) on the basis of the Law No. 1697 to ten subsistence minimums established for persons who have lost working capacity violates his right to own, use and dispose of his property and the right to social protection, which are guaranteed by Articles 41.1, 41.4 and 46.1 of the Constitution of Ukraine.
Having examined the case files at the public part of the plenary session, the First Senate proceeded to the in-camera part for a decision.
The public part of the plenary session is available on the Court’s official website under the heading “Archive of video broadcasts of the sessions”.
