February 6, 2026
On February 4, 2026 during the public part of its plenary session, the Second Senate deliberated the case upon the constitutional complaint of Mykhailo Masiuk in the form of written proceedings.
During the plenary session, the Judge-Rapporteur in the case, Viktor Gorodovenko, noted that the author of the petition requested that the constitutionality of paragraph 8 of Section “Final Provisions” of the Law of Ukraine “On the State Budget of Ukraine for 2023” No. 2710-IX dated November 3, 2022 (hereinafter, “Law No. 2710”) in the part according to which in 2023, Article 42.2 of the Law of Ukraine “On Compulsory State Pension Insurance” No. 1058-IV, dated July 9, 2003, as amended (hereinafter, “Law No. 1058”), shall be applied in the manner, under the conditions, and within the time limits determined by the Cabinet of Ministers of Ukraine.
In accordance with Article 42.2.1 of Law No. 1058, every year from March 1, previously assigned pensions are recalculated by increasing the average salary (income) in Ukraine from which insurance contributions were paid and which is taken into account for calculating the pension.
The Article 42.2.4 of Law No. 1058 stipulates that “the amount and procedure for such an increase shall be determined within the budget of the Pension Fund by decision of the Cabinet of Ministers of Ukraine, taking into account the minimum amount of the increase specified in the second paragraph of this part.”
From the content of the constitutional complaint and the materials attached to it, it appears that Mykhailo Masiuk filed a lawsuit with the Volyn District Administrative Court against the Main Directorate of the Pension Fund of Ukraine in the Volyn Region (hereinafter, the “Directorate”), in which he requested that the Department's failure to pay pensions from March 1, 2023, in the amount of 74 percent of the corresponding amounts of monetary support, applying an increase coefficient of 1.197 without limiting the amount of the increase as a result of the pension recalculation to a maximum (limit) amount of UAH 1,500, be recognized as unlawful, taking into account indexation and a monthly pension supplement in the amount of UAH 2,000; to oblige the Administration to carry out such a recalculation and payment of the pension.
The Volyn District Administrative Court, by its decision of February 26, 2024, left unchanged by the Resolution of the Eighth Administrative Court of Appeal of December 31, 2024, denied the claim of Mykhailo Masiuk. The Supreme Court refused to open cassation proceedings.
The subject of the right to a constitutional complaint asserts that the application of Article 42.2.4 of Law No. 1058 in his case violates the right to adequate, state-guaranteed level of pension provision, changes the conditions and norms of pension provision, leads to a reduction in the size of the pension, and directly contradicts Decision No. 7-rp/2016 of the Constitutional Court of Ukraine dated December 20, 2016.
Mykhailo Masiuk notes that the provisions of Laws No. 1058 and No. 2710 violate the right to social protection, the principle of equality before the law, do not provide military personnel and persons discharged from military service with equal and adequate conditions of social protection, narrow the scope and content of the existing rights of these persons by establishing restrictions on pension indexation, which leads to a restriction on the maximum pension amount and creates discrimination between persons who are awarded pensions under similar provisions of Law No. 2262.
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”.
