February 26, 2026
On February 25, 2026, the First Senate reviewed the case upon the constitutional complaint of Dmytro Sydoreko in the public part of the plenary session in written proceedings.
The Judge-Rapporteur in the case, Oksana Hryshchuk, stated that the applicant appealed to the Constitutional Court of Ukraine to review the conformity of Article 7.5 of the Law of Ukraine “On the State Budget of Ukraine for 2024”, dated November 9, 2023, № 3460–ІХ (hereinafter – the “Law”) with Articles 6, 8, 126.1, 130.1 of the Constitution of Ukraine.
In accordance with the contested provision of the Law from January 1, 2024, the minimum subsistence level per person for able-bodied people, which is applied to determine the base salary of a judge, amounts to 2,102 hryvnias per month.
The following can be inferred from the content of the constitutional complaint and materials attached thereto.
In 2024, the Main Directorate of the Pension Fund of Ukraine in the Kharkiv region (hereinafter – “Directorate”) assigned Dmytro Sydorenko a monthly lifetime allowance to a retired judge.
In particular, as the applicant notes, the Directorate unlawfully calculated his judicial remuneration as of October 7, 2024, based on the minimum subsistence for able-bodied people, which is used to determine the base salary of a judge, in the amount of 2,102 hryvnias.
Disagreeing with this calculation, he filed a motion against the Directorate, requesting, in particular, that the Directorate’s decision to assign him a monthly lifetime allowance for a retired judges in the amount of 50% of the judicial remuneration, calculated on the basis of the estimated amount of 2,102 hryvnias, be declared unlawful. He also requested the Directorate be obligated to adopt the decision to assign him, from October 8, 2024, a monthly lifetime allowance for retired judges in the amount of 52% of judicial remuneration calculated on the basis of the minimum subsistence level for able-bodied people in the amount of 3,028 hryvnias in 2024, namely in monetary terms in the amount of 85,026.24 hryvnias.
In its decision of January 23, 2025, the Dnipropetrovsk District Administrative Court upheld the claim of Dmytro Sydorenko against the Directorate.
The Directorate appealed his decision. The Third Administrative Court of Appeal overruled the decision of the Court of the first instance and issued a new one, partially upholding the claims of Dmytro Sydorenko.
After examining the case materials, the First Senate proceeded to the in-camera part of the plenary session.
The subject of the constitutional complaint, Dmytro Sydorenko, attended at the plenary session.
This plenary session is available on the official website of the Court in section – “Archive of video broadcasts of sessions”.
