17 November, the Fist Senate of the Constitutional Court of Ukraine at the public part of the plenary session in the form of written proceedings considered the case upon the constitutional complaint of Hanna Raikun on conformity of the provisions of Article 2 of the Law of Ukraine “On Measure Regarding the Legislative Ensuring the Pension System Reform“ of 8 July 2011 No. 3668-VІ (hereinafter –the Law No. 3668), the first sentence of Article 86.15.6 of the Law of Ukraine “On the Prosecution Office” of 14 October 2014 No. 1697-VІІ (hereinafter – the Law No. 1697) to the Constitution of Ukraine.
During the plenary session, the judge-rapporteur in the case Viktor Kryvenko informed that H.Raikun had applied to the Constitutional Court with a submission to declare unconstitutional the disputed provision of the Law No3 668 in the part of its application to the Law No. 1697, which stipulates that the maximum amount of pension designated (re-calculated) according to this law, may not exceed ten subsistence minimums established for the persons who lost their working capacity.
The petitioner also asked to declare unconstitutional the provisions of the Law No. 1697 pursuant to which “the maximum amount of pension (with account of bonuses, increases, additional pension, targeted pecuniary aid, pension for special services to Ukraine, indexation and other surcharges to pension, established by legislation, except for surcharge to the allowance to specific categories of individuals having special services to Ukraine may not exceed ten subsistence minimums established for the persons who lost their working capacity“.
In the applicant’s opinion, limitation of the maximum amount of pensions to the employees of the prosecution bodies, established by the disputed norms of the Law No. 3668 and the Law No. 1697, violates her rights to property and social protection as well as contradicts a number of rules of the Basic Law of Ukraine.
As the judge-rapporteur noted, the applicant, in substantiating her position, refers to specific provisions of the Constitution of Ukraine and laws of Ukraine, the decisions of the Constitutional Court of Ukraine, the European Court of Human Rights, specific articles of the European Convention on Human Rights as well as the court decisions in her case.
Furthermore, Viktor Kryvenko informed that pursuant to Article 59 of the Law of Ukraine “On the Constitutional Court of Ukraine” inquires had been sent to the state institutions to clarify the positions regarding the issues raised in the constitutional complaints.
Having examined the case files at the public part of the plenary session, the First Senate proceeded to the in-camera part for a decision.
The public part of the plenary session is available at the official website of the Constitutional Court of Ukraine under the heading “Archive of video broadcasts of the sessions”.
