27 November 2025
On 26 November 2025, during the public part of the plenary session, the Second Senate began deliberation upon the constitutional complaint filed by Mykola Pysarenko regarding the constitutionality of Article 13.5 of the Law of Ukraine “On Status of War Veterans, Guarantees of Their Social Protection” dated 22 October 1993 No. 3551-XII, as amended (hereinafter, “Law No. 3551”), subparagraph 2 of paragraph 1 of Section I of the Law of Ukraine “On Amendments to Certain Laws of Ukraine Regarding One-Time Cash Payments to War Veterans and Victims of Nazi Persecution” dated 20 March 2023 No. 2983-IX (hereinafter, “Law No. 2983”), on the basis of Article 13.5 of Law No. 3551 is worded as follows: “Every year, on Ukraine's Independence Day, persons with disabilities as a result of war shall be paid a one-time cash payment in the manner and amounts determined by the Cabinet of Ministers of Ukraine within the limits of the relevant budgetary allocations established by the law on the State Budget of Ukraine”.
During the plenary session, the Judge-Rapporteur in the case, Oleksandr Vodiannikov, informed the court of the content of the constitutional complaint and the applicant's arguments. In 2023, he received a one-time cash payment of UAH 2,700 on Ukraine's Independence Day. Disagreeing with the amount of the payment, the applicant filed an administrative claim with the Zaporizhzhia District Administrative Court against the Main Directorate of the Pension Fund of Ukraine in the Zaporizhzhia Region (hereinafter, “Directorate”), in which, in particular, requested that the Administration be obliged to recalculate and pay him a one-time cash payment on Ukraine's Independence Day in 2023 in the amount of seven minimum old-age pensions (taking into account the previously paid one-time cash payment of UAH 2,700).
The Zaporizhzhia District Administrative Court, in its decision of 6 February 2024, dismissed the claim. The Third Administrative Court of Appeal, by its ruling of 11 June 2025, overturned this decision and upheld the claim. The Supreme Court, by its ruling of 11 August 2025, overturned the ruling of the court of appeal and upheld the decision of the court of first instance.
The author of the petition considers that the application by the courts of the contested provisions of Law No. 3551, as amended by Law No. 2983, violated his right to adequate social protection and reduced (restricted) his social guarantees as a person with a war-related disability.
The person entitled to file a constitutional complaint requests that the contested legislative provisions be reviewed for compliance with Article 8, Article 17.5, Article 19.2, Article 22.3, Article 46.1, 46.2, Article 64, and Paragraph 6 of Article 92.1 of the Constitution of Ukraine.
The Judge-Rapporteur informed that in order to ensure a full and objective deliberation of the case and the delivery of justified decision by the Court, he had sent requests to state authorities, scientific institutions, educational establishments, and scholars who are members of the Scientific and Advisory Council of the Constitutional Court of Ukraine with a request to provide their opinions on the issues raised in the constitutional complaint. The judges will be informed of the content of the positions expressed in the in-camera part of the plenary session.
After examining the case materials in the public part of the plenary session, the Court proceeded to the in-camera deliberations for a decision.
Maksym Dyrdin, the permanent representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine, took part in the plenary session.
The video recording of the plenary session is available on the Court’s official website in the Section “Archive of Video Broadcasts of Sessions”.
