22.01.2026

The Grand Chamber deliberated the case upon the constitutional petition of the Ukrainian Parliament Commissioner for Human Rights regarding the constitutionality of Article 90, subparagraph 1 of paragraph 2 of Section XI “Final and Transitional Provisions’” of the Law of Ukraine “On Public Service” No. 889-VIIІ dated 10 December 2015 (hereinafter, “Law No. 889”), Article 21.7 of the Law of Ukraine “On Service in Local Self-Government Bodies” No. 2493-III dated 7 June 2001, as amended (hereinafter,  “Law No. 2493”), and delivered Decision No. 1-r/2026.

The judge-rapporteur in the case – Olga Sovgyria.

The contested provisions of Law No. 889 stipulate that pension provision for public servants shall be carried out in accordance with the Law of Ukraine “On Compulsory State Pension Insurance” (Article 90). A similar provision is enshrined in Article 21.7 of Law No. 2493 concerning local self-government officials.

In accordance with subparagraph 1 of paragraph 2 of Section XI “Final and Transitional Provisions” of Law No. 889, the Law of Ukraine “On Public  Service” No. 3723-XII dated 16 December 1993, as amended (hereinafter, “Law No. 3723”), except for Article 37, which applies to persons specified in paragraphs 10 and 12 of this section. Thus, the right to pension assignments under the previous conditions is retained for public servants and local self-government officials who, on the date of entry into force of Law No. 889 (1 May 2016) and had at least 10 years of public service experience, as well as for persons who, as of 1 May 2016, had at least 20 years of public service experience.

In resolving the issues raised in the constitutional petition, the Court proceeds, in particular, from the fact that public service and service in local self-government bodies are characterised by special requirements for public servants and local self-government officials, which are related to the importance of their functions and the establishment of certain restrictions on the constitutional rights of citizens, including legislation in the field of corruption prevention.

For a long time, the special requirements for public servants and local self-government officials and the restrictions on their constitutional rights under Law No. 3723 were compensated for by special conditions for their pension provision.

An analysis of legislation governing pensions for public servants and local self-government officials led the Court to conclude that, prior to the entry into force of Law No. 889, contributions to the Pension Fund of Ukraine from the salaries of public servants and local self-government officials over a long period of time – from 15 March 2000 to 30 April 2016 inclusive – were significantly higher than deductions from the salaries of other persons, which contributed to the emergence of objectively justified expectations (legitimate expectations) regarding the increased amount of their pension provision in the future.

However, not only did these persons not obtain the right to a pension on the terms specified in Article 37 of Law No. 3723, but they also did not receive any compensation for paying increased deductions, as the legislator did not provide for mechanisms for reimbursement, transitional pension conditions or consideration of the payment of increased contributions in any other way when calculating pensions for these categories of persons.

The Decision emphasises that the change in the pension conditions for public servants and local self-government officials had the most negative impact on those who, as of 1 May 2016, had the least time left before becoming eligible for a pension.

In view of the above, the Court concluded that the absence in subparagraph 1 of paragraph 2 of Section XI “Final and Transitional Provisions” of Law No. 889 contained no provisions on transitional pension provision or compensation mechanisms for persons who, during the period from 15 March 2000 to 30 April 2016 inclusive, held positions in the public service or local self-government, paid increased contributions, but on the date of entry into force of Law No. 889, did not have the required length of service for the assignment of a pension on the basis of Article 37 of Law No. 3723, caused the aforementioned category of citizens to feel that their legitimate expectations had been destroyed, which is incompatible with the requirement of legal certainty, which is a component of the principle of the rule of law.

The court also noted that the failure to provide for transitional or compensatory pension mechanisms for this category of persons created an unjustified difference in their treatment, and thus failed to ensure legal equality and violated the constitutional guarantees of their right to social protection.

Having examined the issues raised in the constitutional petition, the Court concluded that Article 90 of Law No. 889 and Article 21.7 of Law No. 2493 are constitutional.

At the same time, the Court found that subparagraph 1 of paragraph 2 of Section XI “Final and Transitional Provisions” of Law No. 889, in that it does not establish transitional conditions for pension provision or compensation mechanisms for persons who, during the period from 15 March 2000 to the date of entry into force of Law No. 889 (30 April 2016), held positions as public servants or local self-government officials, but as of 1 May 2016 did not have the required length of service for the assignment of a pension on the basis of Article 37 of Law 3723.

The Court also decided to dismiss the constitutional proceedings in this case insofar as they concerned the constitutionality of subparagraph 1 of paragraph 2 of Section XI, “Final and Transitional Provisions,” of Law 889, in that it made it impossible to recalculate the amounts of pensions assigned on the basis of Article 37 of Law 3723, due to the existence of a decision on the same subject (https://ccu.gov.ua/dokument/3-r2022).

The court emphasised that the implementation of this decision is impossible without proper legislative regulation. The recognition of subparagraph 1 of paragraph 2 of Section XI ”Final and Transitional Provisions” of Law No. 889 as unconstitutional imposes on the state a positive obligation to regulate these issues within a reasonable time, taking into account the provisions of the Constitution of Ukraine and this Decision.