July 16, 2025
On July 16, 2025, the First Senate deliberated the case of Mariia Lipeiko in the public part of the plenary session in the form of written proceedings.
As noted by the judge-rapporteur in the case Oksana Hryshchuk, the applicant appealed to the Constitutional Court of Ukraine to verify the constitutionality of paragraph 3 of Section II “Final and Transitional Provisions” of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine” No. 1774–VIII dated December 6, 2016, as amended (hereinafter, “Law No. 1774”).
The contested provisions of Law No. 1774 establish that the minimum wage after the entry into force of this Law is not applied as a calculation value for determination of official salaries and wages of employees and other payments, except for calculating the annual amount of financing for the statutory activities of political parties (paragraph one); until amendments are made to the laws of Ukraine regarding the non-application of the minimum wage as a calculation value, it shall be applied in the amount of the subsistence minimum for able-bodied persons established as of January 1 of the calendar year, from January 1, 2017 (paragraph two).
From the content of the constitutional complaint and the materials attached to it, it is seen that Mariia Lipeiko is a pensioner who does not work, is registered with the Main Department of the Pension Fund of Ukraine in Zhytomyr region, has the status of a person who suffered as a result of the Chornobyl disaster, and lives in a settlement that is classified as a zone of radioactive contamination as a result of the Chornobyl disaster.
The applicant claims that the application of paragraph 3 of Section II “Final and Transitional Provisions” of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine” dated December 6, 2016 No. 1774–VIII in the final court decision in her case led to a reduction in the amount of the pension supplement for a pensioner who does not work and lives in the territory of radioactive contamination, compared to the previously established payments provided for in Article 39 of the Law of Ukraine “On the Status and Social Protection of Citizens Affected by the Chornobyl Disaster” No. 796–XII dated February 28, 1991, as amended (hereinafter, “Law No. 796”).
In her opinion, this indicates a narrowing of the content and scope of constitutional rights, in particular the right to property, defined by parts one and four of Article 41 of the Constitution of Ukraine. She also believes that the establishment by the contested provision of Law No. 1774 of a calculated amount for determining the amount of the pension supplement, which differs from the calculated amount established by Law No. 796, and the priority of application of the provisions of Law No. 1774 do not comply with a number of norms of the Constitution of Ukraine.
The Court examined the case files and proceeded to the in-camera part of the plenary session.
The video recording of the plenary session is available on the official website of the Court in the section “Archive of video broadcasts of sessions”.
