On Wednesday, November 8, 2023, in the public part of the plenary session, the Second Senate deliberated the case upon the constitutional complaint of Stepan Sotnichenko in the form of written proceedings.
As noted by the judge-rapporteur in the case, Judge of the Constitutional Court of Ukraine Vasyl Lemak, the Second Board of Judges of the Second Senate initiated constitutional proceedings in the case upon the constitutional complaint of Stepan Sotnichenko regarding the constitutionality of individual provisions of Article 2, paragraph 2.2 of Section II “Final and Transitional Provisions” of the Law of Ukraine “On Measures for Legislative Support of Pension System Reform” No. 3668-VI dated July 8, 2011 as amended (hereinafter referred to as “Law No. 3668”), Article 86.15.6.1 of the Law of Ukraine “On the Prosecution Office” No. 1697-VII dated October 14 2014 as amended (hereinafter referred to as “Law No. 1697”).
According to the first sentence of Article 2 of Law No. 3668 “the maximum amount of pension (except for pension payments made from the Accumulated Pension Fund) <...> (taking into account allowances, promotions, additional pension, targeted cash assistance, pension for special services to Ukraine, indexation and other pension supplements established by law, except for supplements to certain categories of persons who have special services to the Motherland), assigned (listed) in accordance with <...> laws of Ukraine <...> “On the Prosecution Office” <...>, may not exceed ten subsistence minimums established for persons who have lost working capacity”. Other disputed provisions, which are the subject of constitutional review, correspond with the specified provision.
The judge-rapporteur informed that in order to ensure a full and objective deliberation of the case and delivering of a reasoned decision by the Court, he drew up requests to a number of bodies of state power, scientific institutions, and higher education establishments to provide opinions on the issues raised in the constitutional complaint.
The Court proceeded to the in-camera part of the plenary session for a decision in this case.
Stepan Sotnichenko, subject of the right to a constitutional complaint, attended the public part of the plenary session.
The public part of the plenary session is available at the link: https://ccu.gov.ua/kategoriya/2023.
