18 September, 2025
On 17 September 2025, the Second Senate of the Constitutional Court of Ukraine, in the public part of its plenary session held in written proceedings, commenced deliberation of the case upon the constitutional complaint of Mykola Biliak.
During the plenary session, the Judge-Rapporteur in the case, Oleh Pervomaiskyi, presented the substance of the constitutional complaint and the applicant’s arguments.
In particular, the Judge noted that the subject of constitutional review is Article 7.1 of the Law of Ukraine “On the State Budget of Ukraine for 2024” No. 3460–IX dated 9 November 2023 (hereinafter, “Law No. 3460”), in the part establishing the subsistence minimum per person per month for able-bodied persons, which is applied to determine the salary of a prosecutor of a district prosecutor’s office, set at 1,600 hryvnias.
According to the author of the application, the disputed provisions of Law No. 3460 are discriminatory. Their application by the courts violated his constitutional rights to social protection and property, and “restricted the right to receive lawfully <…> accrued pension payments”.
The content of the constitutional complaint and attached to it materials indicate the following.
Mr. Biliak applied to the Volyn District Administrative Court with a claim against the State of Ukraine, represented by the Volyn Regional Prosecutor’s Office, seeking recognition as unlawful of the refusal to issue a salary certificate as of 1 January 2024 for recalculation of his pension; an obligation to issue a certificate on the amount of salary (remuneration) to be taken into account for the recalculation of the appointed pension as of 1 January 2024 for the position of First Deputy Head of the Lutsk District Prosecutor’s Office, with the salary determined from the subsistence minimum for able-bodied persons at 3,028 UAH, and all other components calculated from that base salary, including bonuses and class rank allowance, in accordance with the special laws of Ukraine: “On the Prosecutor’s Office” No. 1697–VII dated 14 October 2014, “On the Subsistence Minimum” No. 966–XIV dated 15 July 1999, the Budget Code of Ukraine, and Law No. 3460.
By its decision of 1 May 2024, the Volyn District Administrative Court, upheld by the ruling of the Eighth Administrative Court of Appeal of 18 September 2024, dismissed Mr. Biliak’s claims. The Supreme Court also refused the applicant to initiate the cassation proceedings. Upon re-filing a cassation appeal, the Supreme Court, by its ruling of 25 November 2024, again refused to initiate cassation proceedings.
The Judge-Rapporteur also informed that, to ensure a comprehensive and objective deliberation of the case and the delivery of a reasoned decision, requests for legal positions or academic opinions had been sent to the President of Ukraine, the Chairperson of the Verkhovna Rada of Ukraine, the Training Center for Prosecutors of Ukraine, and a number of research institutions and higher education establishments. The judges will be informed of the content of these responses at the in-camera part of the plenary session of the Second Senate, the Judge noted.
After examining the case materials in the public part of the plenary session, the Second Senate proceeded to the in-camera part of the plenary session.
The plenary session is available on the Court's official website in the Section “Archive of video broadcasts of sessions”.
