Payment of additional benefits to unemployed pensioners living in areas evacuated after the Chornobyl nuclear disaster: Second Senate deliberates the case upon constitutional complaint filed by Larysa Antonovych
27 November 2025
On 26 November 2025, during the public part of the plenary session, the Second Senate deliberated, in written proceedings, the case upon the constitutional complaint of Larysa Antonovych regarding the constitutionality of Article 45 of the Law of Ukraine “On the State Budget of Ukraine for 2025” dated 19 November 2024 No. 4059-IX (hereinafter, “Law No. 4059”).
Article 45 of Law No. 4059 defines the conditions, procedure and amount of establishing and terminating additional payments to pensions for non-working pensioners who permanently reside in the zone of unconditional (mandatory) resettlement and in the zone of guaranteed voluntary resettlement.
During the plenary session, the Judge-Rapporteur in the case, Viktor Gorodovenko, noted that the applicant requested that Article 45 of Law No. 4059 be reviewed for compliance with Article 22.3, Article 24.1, 24.2, Article 46.1, Article 55.1, and Article 58.1 of the Constitution of Ukraine.
The author of the petition believes that the provisions of Article 45 of Law No. 4059 “violate the right to social protection, which contradicts Article 46, worsen the legal situation by narrowing the content and scope of social rights provided for by special law, which contradicts Article 22 of the Constitution of Ukraine, place persons living in radioactively contaminated areas in an unequal position in relation to other persons, which contradicts Article 24 of the Constitution of Ukraine, fail to ensure compliance with the principle of binding court decisions, violating the right to judicial protection, which contradicts Article 55 of the Constitution of Ukraine, abolish previously acquired social rights, which contradicts Article 58 of the Constitution of Ukraine”.
The Judge Rapporteur also reported on the progress of the case in the courts of the judicial system.
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 permanent representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine, took part in the plenary session.
The video recording of the plenary session is available on the Court’s official website in the Section “Archive of Video Broadcasts of Sessions”.
