19 September 2025
On 17 September 2025, during the public part of the plenary session in the form of written proceedings, the Second Senate deliberated the case upon the constitutional complaint of Raisa Voitevych.
During the plenary session, the Judge-Rapporteur in the case, Galyna Yurovska, noted that the applicant had appealed to the Constitutional Court of Ukraine to review the constitutionality of Article 45 of the Law of Ukraine “On the State Budget of Ukraine for 2025” No. 4059-IX (hereinafter, the “Law”) dated 19 November 2024.
Article 45 of the Law provides that in 2025, during the period of martial law, unemployed pensioners who permanently reside in the zone of unconditional (mandatory) and guaranteed voluntary resettlement shall be granted a supplement in the amount of UAH 2,361, provided that such persons resided or worked there as of 26 April 1986 or during the period from 26 April 1986 to 1 January 1993 and have the status of victims of the Chornobyl disaster. The additional payment shall not be established for persons who, after the accident at the Chornobyl Nuclear Power Plant, changed their place of residence outside these zones and subsequently returned or registered there after the accident at the Chornobyl Nuclear Power Plant. The payment of the additional payment for living in such zones shall cease after the person leaves their place of permanent residence in the specified territories and registers outside their boundaries. The Pension Fund of Ukraine is obliged to ensure that the information on the place of residence of recipients of additional payments for living in such zones is verified against the information in the Unified State Demographic Register and other state registers in order to continue or terminate payments and bring the amounts of such additional payments and pension payments into line with this article.
In the opinion of the author of the petition, the Constitution of Ukraine does not give the law on the State Budget of Ukraine higher legal force than other laws; it is not possible to amend special laws with laws on the State Budget of Ukraine, as this contradicts the legislation. She also believes that the establishment by law of a fixed amount of additional payments for living in the zone of unconditional (mandatory) resettlement and in the zone of guaranteed voluntary resettlement violates her rights to receive appropriate payments from the state.
The court completed its examination of the case materials in the public part and proceeded to the in-camera part of the plenary session.
The video recording of the plenary session is available on the Court’s official website in the Section “Archive of Video Broadcasts of Sessions”.
