February 26, 2026
On February 25, 2026, during the public part of the plenary session in the form of written proceedings, the First Senate deliberated the case upon the constitutional complaint of Ihor Nahaiev.
During the plenary session, the Judge-Rapporteur in the case, Alla Oliinyk, presented the content of the constitutional complaint and the applicant's arguments.
The Judge-Rapporteur noted that the applicant had appealed to the Constitutional Court of Ukraine to review the constitutionality of Article 13.5 of the Law of Ukraine “On the Status of War Veterans and Guarantees of Their Social Protection” No. 3551-XII dated October 22, 1993, (hereinafter, “Law No. 3551”) as amended by the Law of Ukraine “On Amendments to Certain Laws of Ukraine Regarding One-Time Cash Payments to War Veterans and Victims of Nazi Persecution” No. 2983-IX dated March 20, 2023, (hereinafter, “Law No. 2983”).
The contested provision of Law No. 3551 establishes: “Every year, on Ukraine's Independence Day, persons with disabilities resulting from war shall be paid a one-time cash payment in the manner and amounts determined by the Cabinet of Ministers of Ukraine within the limits of the relevant budgetary appropriations established by the law on the State Budget of Ukraine.”
The constitutional complaint indicates that in 2023, Ihor Nahaiev, being entitled to the benefits established by Article 13 of Law No. 3551, received a one-time cash payment on Ukraine's Independence Day in the amount of UAH 2,700. Disagreeing with the amount of the cash benefit paid, he appealed to the Main Directorate of the Pension Fund of Ukraine in Ivano-Frankivsk Region (hereinafter, “the Directorate”) with a request regarding the legality of the payment in 2023 of a one-time cash payment on Ukraine's Independence Day in the specified amount.
The Directorate, referring to the Resolution of the Cabinet of Ministers of Ukraine on “Certain Issues of Social Protection of War Veterans and Victims of Nazi Persecution” No. 754 dated 21 July 2023, confirmed the legality of the one-time cash payment in the amount of UAH 2,700.
Disagreeing with the position of the Administration, Ihor Nahaiev appealed to the Ivano-Frankivsk District Administrative Court with a claim to recognize the inaction of the Administration as unlawful and to oblige it to take action.
The Judge-Rapporteur reported on the progress of the case in the courts of the judicial system, noting that the court of first instance had dismissed his claim, the court of appeal had left the complaint unsatisfied, and the decision of the court of first instance had remained unchanged. The Supreme Court refused to open cassation proceedings.
The applicant considers that the contested provisions of Law No. 3551, as amended by Law No. 2983, do not comply with the principle of the rule of law, narrow the content and scope of rights, and violate the right to adequate social protection.
The Judge-Rapporteur also informed that the Court is deliberating a case based on a constitutional petition of the Supreme Court with the same subject of constitutional control.
After examining the case materials in the public part of the plenary session, the Court proceeded to the in-camera deliberations for a decision.
The video recording of the plenary session is available on the Court’s official website in the Section “Archive of Video Broadcasts of Sessions”.
