5 March 2026
On 4 March 2026, the First Senate deliberated the case upon the constitutional complaint of Petro Masiuk in public part of the plenary session in the form of written proceedings.
As noted by the Judge-Rapporteur in the case, Yuriy Barabash, the applicant appealed to the Constitutional Court of Ukraine to review the constitutionality of the of Article 42.2.4 of the Law of Ukraine “On Compulsory State Pension Insurance” No. 1058-IV dated 9 July 2003 (hereinafter, “Law No. 1058”), paragraph 8 of the section “Final Provisions” of the Law of Ukraine “On the State Budget of Ukraine for 2023” No. 2710-IX dated 3 November 2022 (hereinafter, “Law No. 2710”), which were applied in the final court decision in his case, namely in the ruling of the Eighth Administrative Court of Appeal dated 30 July 2025.
In accordance with the Article 42.2.1 of Law No. 1058, every year from 1 March, previously assigned pensions are recalculated by increasing the average salary (income) in Ukraine from which insurance contributions were paid and which is taken into account for calculating the pension.
The Article 42.2.4 of Law No. 1058 stipulates that “the amount and procedure for such an increase shall be determined within the budget of the Pension Fund by decision of the Cabinet of Ministers of Ukraine, taking into account the minimum amount of the increase specified in the second paragraph of this part”.
Paragraph 8 of the “Final Provisions” of Law No. 2710 establishes, in particular, that in 2023, Article 42.2 of Law No. 1058, Article 64 of the Law of Ukraine “On Pension Provision of Military Men, Persons of Senior Staff and the Ranks of Bodies of Domestic Affairs and Some Other Persons” shall be applied in the manner, under the conditions and within the time limits determined by the Cabinet of Ministers of Ukraine.
The applicant asserts that the regulatory provisions of Laws No. 1058 and No. 2710 violate “the right to social protection, the principle of equality before the law, and do not provide military personnel and persons discharged from military service with equal and adequate conditions of social protection”. In his opinion, the contested provisions of these laws are unconstitutional because they narrow the scope and content of the existing rights of these persons by establishing restrictions on pension indexation, which also leads to restrictions on the maximum pension amount. This creates discrimination in comparison with persons who are granted pensions under similar provisions of the Law of Ukraine “On Pension Provision of Military Men, Persons of Senior Staff and the Ranks of Bodies of Domestic Affairs and Some Other Persons” No. 2262-XII dated 9 April 1992.
The Judge-Rapporteur informed that the Second Board of Judges of the First Senate had initiated constitutional proceedings in this case regarding the constitutionality of paragraph 8 of the “Final Provisions” section of Law No. 2710.
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 video recording of the plenary session is available on the Court’s official website in the Section “Archive of Video Broadcasts of Sessions”.
