On December 6, 2023, the Second Senate of the Constitutional Court of Ukraine, at the public part of the plenary session, deliberated the case upon the constitutional complaint of Viktor Prykhodko in the form of written proceedings.
During the plenary session, the judge-rapporteur in the case Oleh Pervomayskyi noted that Viktor Prykhodko appealed to the Constitutional Court of Ukraine to verify the compliance of paragraph 13-1.1 of Section XV “Final Provisions” of the Law of Ukraine “On Mandatory State Pension Insurance” dated July 9, 2003 No. 1058-IV as amended (hereinafter - Law No. 1058), paragraph 19.27.70 of Section I of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding Pension Increases” dated October 3, 2017 No. 2148–VIII (hereinafter - Law No. 2148) with Articles 8.1, 8.2, 22, 24.1, 24.2, 58.1, 64.1 of the Constitution of Ukraine.
In accordance with paragraph 19.27.70 of Section I of Law No. 2148, amendments were introduced to Section XV “Final Provisions” of Law No. 1058, in particular, it was supplemented by paragraph 13-1.
According to paragraph 13-1.1 of Section XV “Final Provisions” of Law No. 1058 “as of October 1, 2017, pensions assigned after the entry into force of the Law of Ukraine “On Measures for Legislative Support of the Pension System Reform” (except for persons with disabilities of groups I and II , persons with disabilities as a result of the war of the III group and participants in hostilities, persons subject to Article 10.1 of the Law of Ukraine “On the Status of War Veterans, Guarantees of Their Social Protection”) under the terms of the Laws of Ukraine “On Public Service”, “On the Prosecution Office”, “On the Status of a People's Deputy of Ukraine”, “On Scientific as well as Scientific and Technical Activities” during the period of work in public service positions, defined by the Law of Ukraine “On Public Service” dated December 10, 2015 No. 889-VIII, as well as in positions and under the conditions stipulated by the laws of Ukraine “On the Prosecution Office”, “On the Judiciary and the Status of Judges”, are paid in the amount calculated in accordance with this Law.
From the content of the constitutional complaint and the materials attached to it, it can be seen that since May 29, 2015, Viktor Prykhodko has been registered with the Main Office of the Pension Fund of Ukraine in the Kirovohrad region (hereinafter - the Office) and receives a pension for years of service, calculated in accordance with Article 50-1 Law of Ukraine “On the Prosecution Office” dated November 5, 1991 No. 1789–XII, as amended (hereinafter - Law No. 1789).
From July 1, 2018, the applicant began to receive a pension in the amount calculated in accordance with Law No. 1058.
Viktor Prykhodko appealed to the Office with a statement regarding the resumption of payment of his pension, assigned in accordance with Law No. 1789, in full. The Office refused to grant him the application, justifying it by changes in the regulation of the relevant legal relations. After that, the author of the petition challenged the actions of the Office in the courts, which refused to grant the claim.
According to the subject of the right to a constitutional complaint, the application of the contested provisions of Law No. 1058, Law No. 2148 led to “restriction of the right to the pension acquired from 01.10.2011 to 03.10.2017 of pensioners of prosecution' offices”.
The judge-rapporteur also informed that in order to ensure a full and objective deliberation of the case and delivering of a reasoned decision by the Court, he sent requests to the President of Ukraine, the Chairman of the Verkhovna Rada of Ukraine, a number of other bodies of state power, establishments of higher education and members of the Scientific Advisory Council of the Court to express opinions on the issues raised in the constitutional complaint.
The court examined the materials of the case in the public part of the plenary session and proceeded to the in-camera part for a decision.
The subject of the right to a constitutional complaint Viktor Prykhodko, Permanent Representative of the Verkhovna Rada of Ukraine at the Constitutional Court of Ukraine Maksym Dyrdin and other citizens of Ukraine attended the plenary session.
Video recording of the public part of the plenary session is available on the official website of the Court in the section “Archive of video broadcasts of sessions”.
