September 17, 2025
On September 17, 2025, the First Senate, in the public part of the plenary session, began deliberation of the case upon the constitutional complaint of Liudmyla Bahinska in the form of written proceedings.
During the plenary session, the Judge-Rapporteur in the case, Petro Filiuk, outlined the content of the constitutional complaint and the applicant's arguments. The judge reported that Liudmyla Bahinska had appealed to the Constitutional Court of Ukraine to verify the compliance of paragraph 3 of Section II “Final and Transitional Provisions” of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine” No. 1774–VIII dated December 6, 2016, as amended (hereinafter, the “Law”) with the Constitution of Ukraine.
The contested provisions of the Law establish that the minimum wage, after the entry into force of this Law, is not used as a calculation value for determining official salaries and wages of employees and other payments, except for calculating the annual amount of financing for the statutory activities of political parties; until amendments are introduced to the laws of Ukraine regarding the non-application of the minimum wage as a calculation value. It is used in the amount of the subsistence minimum for able-bodied persons established as of January 1 of each calendar year, starting from January 1, 2017.
It is mentioned that the calculated amount should be changed for various types of payments. In this case, for the annual accrual and payment of a pension to an unemployed pensioner who lives in the territory of radioactive contamination.
In the constitutional complaint, Liudmyla Bahinska requests to verify the disputed provisions of the Law for compliance with Articles 1, 3, 6.2, 8.2, 16, 19.2, 21, 22, 24.1, 24.2, 41.1, 41.4, 46.1, 46.3, 50.1 of the Constitution of Ukraine.
The Judge-Rapporteur noted that the Constitutional Court of Ukraine is deliberating many applications with the same subject of constitutional review.
The court examined the case materials and proceeded to the in-camera part of the plenary session.
The public part of the plenary session is available on the Court's official website in the Section “Archive of video broadcasts of sessions”.
