11 December 2025
On 10 December 2025, during the public part of the plenary session in the form of written proceedings, the First Senate deliberated the case upon the constitutional complaint of Oleksii Nevmerzhytskyi.
During the plenary session, the reporting judge in the case, Alla Oliinyk, presented the content of the constitutional complaint and the applicant's arguments.
The Judge-Rapporteur reported that Oleksii Nevmerzhytsky had appealed to the Constitutional Court of Ukraine to verify the compliance of Article 8.2 of the Law of Ukraine “On the State Budget of Ukraine for 2024” No. 3460-IX dated November 9, 2023 (hereinafter, “Law No. 3460”), which sets the minimum wage, used as a basis for calculating payments under court decisions, at 1,600 hryvnias with the Constitution of Ukraine.
The content of the constitutional complaint and the documents and materials attached to it reveal the following.
Oleksii Nevmerzhitsky is a pensioner who does not work, is registered with the Main Directorate of the Pension Fund of Ukraine in the Zhytomyr region (hereinafter, the “Directorate”), and lives in a settlement that is classified as a zone of guaranteed voluntary resettlement.
By its decision dated October 4, 2021, the Zhytomyr District Administrative Court ordered the Administration to calculate and pay Oleksii Nevmerzhytsky a pension supplement in the amount specified in Article 39 of the Law of Ukraine “On the Status and Social Protection of Citizens Affected by the Chernobyl Disaster” No. 796-XII dated February 28, 1991 (hereinafter, “Law No. 796”), equal to two minimum wages for the relevant calendar year.
In 2024, he appealed to the Zhytomyr District Administrative Court with a statement under Article 383 of the Code of Administrative Procedure of Ukraine, in which he requested, in particular, to recognise as unlawful the actions of the Administration taken in execution of the court decision, which led to a reduction in his pension from January 1, 2024, the unlawful recalculation and withholding of his voluntarily paid pension for a certain period in 2024, and to overturn the Department's decision dated November 23, 2024 on the recalculation of his pension.
The Zhytomyr District Administrative Court dismissed Oleksii Nevmerzhytsky's application. Disagreeing with the conclusions of the court of first instance, he appealed against it. The Court of Appeal dismissed the applicant's appeal and left the decision of the court of first instance unchanged. The Supreme Court refused to open cassation proceedings because the cassation appeal was filed against court decisions that are not subject to cassation appeal.
In the applicant's opinion, the contested provision of Law No. 3460 does not comply with Article 21, Article 24.1, 24.2 of the Constitution of Ukraine, “namely the principle of “equality” of persons (people), including the applicant, in comparison with other non-working pensioners who live in areas of radioactive contamination and who receive pension increases not on the basis of a court decision, but on the basis of the “direct and unconditional” fulfilment by the State, represented by its authorised bodies, of its obligation” established by Article 39 of Law No. 796.
The author of the petition also emphasises that, following the application of the contested provision of Law No. 3460, the amount of the pension supplement determined by Article 39 of Law No. 796 has been reduced by more than four times, and therefore, in his opinion, Article 8.2 of Law No. 3460 violates his right to property, does not comply with the principle of legal certainty and deprives him of his legitimate expectations of receiving the relevant supplements.
After examining the case materials in the public part of the plenary session, the Court proceeded to the in-camera deliberations for a decision.
The plenary session was attended by Maksym Dyrdin, Permanent Representative of the Verkhovna Rada of Ukraine to the Constitutional Court of Ukraine.
The video recording of the plenary session is available on the Court’s official website in the Section “Archive of Video Broadcasts of Sessions”.
