July 11, 2024
On July 11, 2024, the Grand Chamber, at the public part of the plenary session, in the form of written proceedings, initiated the deliberation of the case upon the constitutional petition of the Supreme Court.
According to the judge-rapporteur in the case, Galyna Yurovska, the Supreme Court appeals to verify the compliance of Article 114, passages 2 and 3 of paragraph 2 of Section XV “Final Provisions” of the Law of Ukraine “On Compulsory State Pension Insurance” No. 1058–IV dated July 9, 2003, as amended by the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Pension Amount Increase” No. 2148–VIII dated October 3, 2017, with Article 8.1 of the Constitution of Ukraine.
The impugned legislative provisions provide for a five-year gradual increase in the age of retirement on preferential terms, taking into account the relevant length of service, and for the length of service pensions for persons engaged in particularly harmful and particularly difficult working conditions, and in harmful and difficult working conditions.
The author of the petition claims that the respective provisions “violate the legitimate expectations of such persons, and therefore contradict Article 8.1 of the Constitution of Ukraine, i.e. violate the rule of law principle, the element of which is legal certainty.”
The judge-rapporteur also informed that in order to ensure the full and objective deliberation of the case, the letters of inquiry had been sent to the President of Ukraine, the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the Ministry of Social Policy of Ukraine and a number of higher education establishments with a request to express their positions on the issues raised in the constitutional petition.
In this case, the Court proceeded to the in-camera part of the plenary session for a decision.
The plenary session was attended by the representative of the subject of the right to constitutional petition, the Head of the Analytical and Legal Work Division of the Administrative Court of Cassation of the Department of Analytical and Legal Work of the Supreme Court, Yurii Pyvovar, the Permanent Representative of the Verkhovna Rada of Ukraine to the Constitutional Court of Ukraine Maksym Dyrdin and the Representative of the President of Ukraine to the Constitutional Court of Ukraine Serhii Dembovskyi.
The video recording of the plenary session is available on the official website of the Constitutional Court of Ukraine in the Section “Archive of video broadcasts of the sessions”.
