On December 7, the First 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 Yurii Rozhyn on the constitutionality of the first sentence of Article 86.15.6 of the Law of Ukraine “On the Prosecutor’s Office” dated October 14, 2014 No. 1697- VII (hereinafter referred to as the Law No. 1697).
During the plenary session, Oksana Hryschuk, Judge-Rapporteur in the case, presented the information regarding the content of the constitutional complaint, the progress of the case consideration in courts of general jurisdiction and the complainant’s arguments.
According to the judge, Yu. Rozhyn, who is a pensioner of the prosecutor’s office, challenges the provisions of the Law No. 1697, which regulates the issue of pension provision for prosecutor’s office employees. Namely, it is stipulated that “the maximum amount of the pension (given the allowances, promotions, additional pension, targeted payment of an allowance, pensions for special merits to Ukraine, indexation and other pension supplements established by the law, except for supplements to certain categories of persons who have special merits to the Motherland) shall not exceed ten subsistence minimums established for individuals who have lost their ability to work”.
The author of the complaint believes that the limitation of the maximum amount of pensions for employees of the prosecutor’s office, established by the impugned norm, violates his rights to property and social protection, “the right to receive a pension without restrictions”, guaranteed by Articles 41.1, 41.4, 46.1, and 46.3 of the Constitution of Ukraine, as well as contradicts other provisions of the Basic Law of Ukraine.
In substantiating the statement about the unconstitutionality of the impugned provision of the Law No. 1697, the complainant refers to certain provisions of the Constitution and laws of Ukraine, decisions of the Constitutional Court of Ukraine, the Convention on the Protection of Human Rights and Fundamental Freedoms of 1950, a number of other international acts, decisions of the European Court of Human Rights, decisions of the Supreme Court of Ukraine, resolutions of the Supreme Court, other court decisions, as well as court decisions in his case.
Having examined the case files at the public part of the plenary session, the First Senate proceeded to the in-camera part for a decision.
The plenary session was attended by the subject of the right to constitutional complaint, Yurii Rozhyn, and the 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 Court’s official website under the heading “Archive of video broadcasts of the sessions”.
