June 14, 2023
On Wednesday, June 14, the First Senate at the public part of the plenary session in the form of written proceedings deliberated the case upon the constitutional complaint of Mykola Nikolaiev regarding the conformity of the provisions of Article 86.15.6.1 of the Law of Ukraine “On the Prosecution Office” dated 14 October 2014 No. 1697-VIІ (hereinafter referred to as “Law No. 1697”), Article 2.1, Clause 2.2 of Section II “Final and Transitional Provisions” of the Law of Ukraine “On Measures for Legislative Support of Pension System Reform” dated July 8, 2011 No. 3668-VI (hereinafter referred to as “Law No. 3668”) with the Constitution of Ukraine.
During the plenary session, judge-rapporteur in the case Viktor Kryvenko reported that the applicant appealed to the Constitutional Court of Ukraine to examine the conformity of the disputed provision of Law No. 1697 with the Constitution of Ukraine, according to which “the maximum amount of pension (taking into account allowances, increases, additional pension, targeted monetary aid, pension for special services to Ukraine, indexation and other pension supplements established by law, except for supplements to certain categories of persons who have special services to the Motherland) may not exceed ten subsistence minimums established for persons who have lost their ability to work”.
In his complaint, the applicant also requests to examine individual provisions of Law No. 3668, according to which it is stipulated that the maximum amount of pension assigned (enumerated) in accordance with Law No. 1697 cannot exceed ten subsistence minimums established for persons who have lost their ability to work; to pensioners to whom a pension is assigned before the entry into force of Law No. 3668 and whose pension amount exceeds the maximum pension amount established by this Law, the pension is paid without indexation <...> and carrying out other calculations specified by law, until the time when the pension amount corresponds to the maximum amount pension amount.
The author of the constitutional complaint believes that the limitation of the maximum amount of pension for employees of the prosecution office, established by the contested provisions of Law No. 3668 and Law No. 1697, contradicts a number of articles of the Basic Law of Ukraine. In support of his position, Mykola Nikolaiev refers, in particular, to the Constitution of Ukraine, the laws of Ukraine, decisions of the Constitutional Court of Ukraine and the case law of the European Court of Human Rights and court decisions in his case.
The judge-rapporteur reported that the Constitutional Court is deliberating similar cases concerning the same issues.
He also noted that during the preparation of the case for deliberation, requests were sent to the President of Ukraine, the Verkhovna Rada of Ukraine and a number of academic institutions to clarify positions on the issues raised in the constitutional complaint.
After examining the case files in the public part of the plenary session, the First Senate proceeded to the in-camera part for a decision.
Mykola Nikolaiev, subject of the right to a constitutional complaint, was present at the public part of the plenary session.
The plenary session is available on the official website of the Court in the section “Archive of Video Broadcasts of Sessions”.
