November 27, 2025

On November 26, 2025, during the public part of the plenary session, the Second Senate deliberated on the case of Oleksii Klymenko in the form of written proceedings.

During the plenary session, the Judge-Rapporteur in the case, Viktor Gorodovenko, presented the content of the constitutional complaint and the applicant's arguments. The judge informed that the applicant had appealed to the Constitutional Court of Ukraine to verify the compliance of the seventh paragraph of Article 7 of the Law of Ukraine “On the State Budget of Ukraine for 2024” dated November 9, 2023, No. 3460-IX (hereinafter, the “Law”) in the part establishing, as of January 1, 2024, the minimum subsistence level per person per month for able-bodied persons, which is used to determine the official salary of a district prosecutor, in the amount of 1,600 hryvnias with the Constitution of Ukraine.

The author of the application notes that “the laws of Ukraine on the State Budgets of Ukraine for 2021, 2022, 2023, and 2024, the subsistence minimum for prosecutors has been reduced from 2,102 hryvnias to 1,600 hryvnias,” which indicates that “the state has violated the rights of prosecutors to receive adequate wages by significantly reducing their amount, which is contrary to its main obligations.”

In his opinion, “the subject of the law on the State Budget of Ukraine is special and clearly defined in the Constitution of Ukraine, and therefore the abolition or amendment by the law on the State Budget of Ukraine of the scope of rights and guarantees and legislative regulation provided for in special laws is contrary to the Constitution of Ukraine.”

The applicant also asserts that “the establishment of a separate subsistence minimum for determining the salaries of prosecutors, which is significantly lower than that established for the main social and demographic groups of the population, as well as for all other state authorities whose salaries are calculated on the basis of the subsistence minimum, is clear discrimination against prosecutors on professional grounds.”

The Judge Rapporteur  also reported on the progress of the case in the courts of the judicial system.

After examining the case materials in the public part of the plenary session, the Court proceeded to the in-camera deliberations for a decision.

Oleksii Klymenko, the person entitled to file a constitutional complaint, and Maksym Dyrdin, the permanent representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine, took part in the plenary session.

The video recording of the plenary session is available on the Court’s official website in the Section “Archive of Video Broadcasts of Sessions”.