On Thursday, April 25, 2024, the Grand Chamber of the Court, in the public part of the plenary session in the form of written proceedings, considered the case upon the constitutional petition of the Supreme Court regarding the constitutionality of certain provisions of Article 2 of the Law of Ukraine “On Measures for Legislative Support of Pension System Reform” No. 3668-VI dated July 8, 2011 (hereinafter - Law No. 3668), Article 85.3 of the Law of Ukraine “On Pension Security” No. 1788-ХІ dated November 5, 1991 (hereinafter - Law No. 1788) as amended by the Law of Ukraine “On Measures for Legislative Support of Pension System Reform” No. 3668-VI dated July 8, 2011 No. 3668-VI.
The subject of the right to a constitutional petition appealed to the Constitutional Court of Ukraine to verify the compliance of the contested provisions of the laws that introduced the limitation of the maximum pension amount to ten subsistence minimums established for persons who have lost their ability to work with Articles 21, 22.3, 24.1, 46, 64 of the Constitution of Ukraine.
According to Viktor Kolisnyk, the judge-rapporteur in the case, the author of the petition believes that “the legislative restriction on the maximum pension amount in terms of Article 2.1 of Law No. 3668 in terms of extending its effect to Law No. 1788 and Article 85.3 of Law No. 1788 as amended by Law No. 3668 can be considered as narrowing the content and scope of the right to social protection, including the right to pension provision, and leading to a violation of its essence”.
The judge-rapporteur informed that the Constitutional Court of Ukraine is considering cases upon constitutional complaints of several citizens who also challenge certain provisions of Article 2 of Law No. 3668, which is the subject of the constitutional petition.
In order to ensure a full and objective consideration of the case and to ensure that the Court delivers a reasoned decision, it sent requests to academic institutions, educational establishments and members of the Scientific Advisory Council of the Constitutional Court of Ukraine to express their positions on the issues raised in the constitutional petition.
After examining the case file in the public part of the plenary session, the Grand Chamber proceeded to the in-camera part of the plenary session.
The session was attended by a representative of the subject of the right to constitutional petition, First Deputy Head of Secretariat of the Supreme Court Rasim Babanly and other citizens.
The video recording of the plenary session is available on the official website of the Constitutional Court of Ukraine in the Section “Archive of video broadcasts of the sessions”.
