26 November 2025

On 25 November 2025, the Grand Chamber continued, in the public part of its plenary session in the form of an oral hearing, deliberation of the case upon the constitutional complaints submitted by Viktor Soroka, Roman Karpenko, Yurii Prokopenko, Eduard Dudkevych, Oleksandr Romanenko, and Olena Iliushonok.

The applicants appealed to the Constitutional Court of Ukraine to review the compliance of paragraph 1.17 of Section I of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning the Optimization of Labour Relations” No. 2352-IX dated July 1, 2022, which amended Article 119.3 of the Labour Code of Ukraine by replacing the words “the workplace, position, and average salary shall be retained” with “the workplace and position shall be retained” with the Constitution of Ukraine

According to the applicants, the challenged provision is unconstitutional because it narrows the scope and content of existing rights to the calculation and payment of average earnings to employees called up for military service during a special period, and violates the rule of law and the guarantees provided to citizens serving in the military.

The Judge-Rapporteurs in this case are Petro Filiuk, Viktor Kychun, Vasyl Lemak, Oleg Pervomayskiy, and Galyna Yurovska.

As noted by the presiding judge of the plenary session, Oleksandr Petryshyn, the Court commenced deliberation of this case in the public part of the plenary session on 4 November of this year, during which it heard explanations from the subjects of the constitutional complaints – Viktor Soroka, Yurii Prokopenko, Olena Iliushonok – as well as from the Representative of the President of Ukraine to the Constitutional Court of Ukraine, Serhii Dembovskyi. The Court also heard the positions of additional participants in the constitutional proceedings: the Minister for Veterans Affairs of Ukraine Nataliia Kalmykova and the Military Ombudsperson Olha Kobylynska.

Oleksandr Petryshyn further recalled that at the previous plenary session, the Court granted the motion of the Permanent Representative of the Verkhovna Rada of Ukraine to the Constitutional Court of Ukraine, Maksym Dyrdin, to include additional participants in the constitutional proceedings, namely representatives of the Ministry of Finance of Ukraine, the Ministry of Economy, Environment and Agriculture of Ukraine, and the Federation of Employers of Ukraine.

During the plenary session on 25 November of this year, the Court considered several motions filed by participants in the constitutional proceedings, including those of the subjects of the constitutional complaints – Yurii Prokopenko and Eduard Dudkevych, and of the Permanent Representative of the Verkhovna Rada of Ukraine to the Constitutional Court of Ukraine, Maksym Dyrdin.

The Court heard the positions of the involved participants in the constitutional proceedings: Chairperson of the Verkhovna Rada Committee on Social Policy and Protection of Veterans’ Rights, Halyna Tretiakova; Minister of Finance of Ukraine, Serhii Marchenko; Deputy Minister of Economy, Environment and Agriculture of Ukraine, Daria Marchak; Deputy Chairman of the Federation of Employers of Ukraine, Serhii Bilenkyi; as well as the participant in the proceedings –  the Permanent Representative of the Verkhovna Rada of Ukraine to the Constitutional Court of Ukraine, Maksym Dyrdin.

Having examined the case materials during the public parts of the plenary sessions, the Court proceeded to the in-camera part of the plenary session to deliver its decision.

The public part of the plenary session is available on the Court's official website in the Section “Archive of video broadcasts of sessions”.