Deliberation of the Case Regarding the Constitutionality of the Limitation of the Maximum Amount of Pension for Employees of Prosecutor's Offices

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September 28, 2022

On September 28, at the public part of the plenary session, in the form of written proceedings, the Second Senate deliberated the case upon the constitutional complaint of Antonina Yefimenko regarding the conformity of a specific provision of Article 2 of the Law of Ukraine “On Measures for Legislative Support of the Pension System Reform” dated July 8, 2011 No. 3668-VI (hereinafter referred to as “Law No. 3668”) with the Constitution of Ukraine.

During the plenary session, Ihor Slidenko, the Judge-Rapporteur in the case, outlined the content of the constitutional complaint, informed about the progress of the case in the courts and the substantiation of the complainant.

In particular, the Judge pointed out that A.Yefimenko appealed to the Constitutional Court of Ukraine with a request to examine the compliance of the provisions of Law No. 3668 with the Constitution of Ukraine in the part that stipulates that the maximum amount of the pension assigned (listed) in accordance with the Law of Ukraine “On the Prosecutor's Office” dated October 14, 2014 No. 1697-VII, may not exceed ten subsistence minimums established for persons who have lost their capacity for work.

The complainant, who is a pensioner of the prosecutor's office, claims that the application by the Supreme Court in the final judicial decision of the disputed provision of Law No. 3668 led to the restriction of her right to pension payments and draws the Court's attention to the fact that her right to a pension in the amount of 90% of the monthly amount of (current) earnings for the relevant position is a social guarantee that is not subject to narrowing.

In her opinion, limitation of the maximum amount of pension of a prosecutor's office employee to ten subsistence minimums violates the essence of the constitutional guarantees regarding the unconditional provision of social protection for persons envisaged by Article 17.5 of the Constitution of Ukraine, who are obliged to protect the sovereignty, territorial integrity and inviolability of Ukraine; equalisation of pension payments for all categories of citizens nullifies the guarantee of social protection of law enforcement officers.

The Judge-Rapporteur informed that in the proceedings of both senates there are similar cases related to the provisions of Article 2 of Law No. 3668, and there are replies of state and scientific establishments, educational institutions on the issues raised in the constitutional complaints.

After examining the case materials in the public part of the plenary session, the Second Senate proceeded to the in-camera part for a decision.

The session was attended by the authorised representative of the subject of the right to constitutional complaint, lawyer Inna Luchynovych, the Authorised Representative of the Verkhovna Rada of Ukraine, the Head of the Division of Relations with Justice Bodies of the Apparatus of the Verkhovna Rada of Ukraine Arkadii Laptiiev.

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”.







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