02.10.2026
On 29 September 2026, the Grand Chamber considered the case upon the constitutional petition of the Supreme Court and delivered Decision No. 5-r/2026.
The Judge-Rapporteur in the case – Olha Sovhyrya.
The author of the petition appealed to the Constitutional Court of Ukraine to review the constitutionality of a separate provision of paragraph 3.2 of the Procedure for Reimbursement by Individuals of Expenses Related to Their Maintenance at Higher Education Institutions with Specific Conditions of Study Providing Police Training, approved by Resolution No. 261 of the Cabinet of Ministers of Ukraine dated 12 April 2017 (hereinafter, the “Procedure”), insofar as it provides for the reimbursement of financial support as an expense related to an individual's maintenance at a higher education institution in the event of the circumstances specified in Article 74.4 of the Law of Ukraine “On the National Police” No. 580–VIII dated 2 July 2015 (hereinafter, the “Law”).
Pursuant to Article 74.4 of the Law, “individuals studying under the state-funded education scheme at higher education institutions with specific conditions of study providing police training who terminate their education contracts prematurely on any grounds, except for dismissal from police service under Articles 77.1.2 and 77.1.4 of this Law, as well as police officers dismissed from police service within three years of graduation from the aforementioned higher education institutions on any grounds, except for dismissal from police service under Articles 77.1.2 and 77.1.4 of this Law, shall reimburse the Ministry of Internal Affairs of Ukraine for the expenses related to their maintenance at the higher education institution in accordance with the procedure established by the Cabinet of Ministers of Ukraine.”
Paragraph 3.2 of the Procedure stipulates that reimbursement shall be made in the amount of expenses related to “financial, food, clothing and medical support”.
Having examined the constitutional petition and the materials attached thereto, the Court established that financial support provided to persons studying at higher education institutions with specific conditions of study that provide police training is not a salary but remuneration for studying, since such persons do not perform the duties entrusted to the police but merely acquire the specialised skills necessary to perform those duties.
At the same time, the Court noted that cadets (trainees) may be assigned to official business trips, in particular, to ensure public order. In such cases, pursuant to the amendments made to the Procedure by Resolution of the Cabinet of Ministers of Ukraine No. 750 dated 25 June 2025, an individual is not required to reimburse expenses for the period during which they were involved in public security and public order measures under martial law (paragraph 4 of the Procedure).
In assessing the constitutionality of the contested provision of the Procedure, the Court emphasized that the requirement to reimburse financial support is justified by the pursuit of a legitimate aim in the general interest, namely, the recovery of funds spent on the education of individuals at higher education institutions with specific conditions of study providing police training. These funds are allocated by the State from the State Budget of Ukraine to create attractive conditions for police service, including professional training and ensuring that police officers perform their official duties. This approach safeguards the principle of state-funded training of police officers as law enforcement personnel responsible for ensuring public security and order.
The Court concluded that the requirement to reimburse financial support in full for the entire period of an individual's actual studies at a higher education institution with specific conditions of study providing police training constitutes a proportionate measure of interference with the right to property guaranteed by the Constitution of Ukraine and does not contravene the Constitution of Ukraine.
The full text of the Decision is available at the following link: https://ccu.gov.ua/docs/8023
