The Court Considered the Case upon the Constitutional Complaint of V.Petrenko Regarding the Constitutionality of a Separate Provision of the Law of Ukraine “On Measures for Legislative Support of Pension System Reform”

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July 13, the Second Senate of the Constitutional Court of Ukraine, at the public part of the plenary session, in the form of a written proceedings, considered the case upon the constitutional complaint of Victor Petrenko, a former military serviceman with almost 40 years of service, regarding the constitutionality of Article 2 of the Law of Ukraine “On Measures for Legislative Support of Pension System Reform” of July 8, 2011, No. 3668-VI (hereinafter referred to as the Law No. 3668).

As was noted by Volodymyr Moisyk, the Judge-Rapporteur in the case, the complainant appealed with a request to review the constitutionality of the provisions of Article 2 of the Law with Articles 8.1, 8.2, 17.5, 22.3, and 46.1 of the Constitution of Ukraine.

According to the Law No. 3668, the amount of the complainant’s pension was limited to ten subsistence minimums for persons who have lost their working capacity.

The complainant claims that the application of the provisions of Article 2 of Law No. 3668 in court decisions in his case has led to a significant narrowing of the content and the scope of his existing rights and freedoms as a person entitled to pension provision in accordance with the norms of Ukrainian legislation.

In the complainant’s opinion, the impugned provisions contradict the Constitution of Ukraine, since previously there was no maximum pension limit, it was put into effect with the adoption of the Law No. 3668; the amendments, which provide for the limitation of pensions to the maximum amount, have significantly narrowed the content and the scope of the existing rights and freedoms of persons entitled to pensions in accordance with the norms of the legislation of Ukraine.

Having examined the case files at the public part of the plenary session, the Court proceeded to the in-camera part for a decision.

The public part of the plenary session is available on the Court’s official website by following link: http://sv1.ccu.gov.ua/video_ccu1/ks2_13_07_2022_2.mp4.

 

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