On November 22, the Second Senate of the Court, at the public part of the plenary session, in the form of written proceedings, deliberated the case upon the constitutional complaint of Iryna Halchenko on the constitutionality of a separate provision of Article 142.3 of the Law of Ukraine “On the Judiciary and the Status of Judges” dated June 2, 2016 No. 1402-VIII (hereinafter referred to as the Law 1402).
During the plenary session, Ihor Slidenko, Judge-Rapporteur in the case presented an information regarding the content of the constitutional complaint, the grounds for initiating constitutional proceedings and the documents available in the case file.
Judge-Rapporteur noted that I. Halchenko had appealed to the Constitutional Court of Ukraine for verification of compliance of a separate provision of Article 142.3 of the Law 1402, according to which “monthly lifetime allowance is paid to a retired judge in the amount of 50 percent of the judge’s remuneration of a judge who works in a relevant position” with the provisions of Article 22.3, Article 58.1 of the Constitution of Ukraine.
The complainant argues that the right to receive a monthly lifetime allowance of a retired judge in the appropriate amount is indisputable, guaranteed by Articles 126, 130 of the Constitution of Ukraine, Article 142 of the Law No. 1402, and ensuring this right is the essence of the state’s obligations.
The complainant also emphasized that the impugned provision of the Law No. 1402 violates her “constitutional rights” as it reduces the minimum percentage amount of a retired judge’s lifetime allowance, and the application of the indicator provided for by the specified provision of the Law No. 1402 to the calculation of her monthly lifetime allowance for a retired judge with a decrease in the percentage of the monthly lifetime allowance from 90 percent, prescribed by the Law of Ukraine “On the Judiciary and the Status of Judges” of July 7, 2010 No. 2453-VI, to 74 percent of the judicial remuneration of a judge working in a relevant position, in her opinion, is illicit.
Having examined the case files at the public part of the plenary session, the Second Senate proceeded to the in-camera part for a decision.
The public part of the plenary session is available at the official website of the Constitutional Court of Ukraine under the heading “Archive of video broadcasts of the sessions”.
