Subject of Dispute: Legality of the territorial body of the State Judicial Administration of Ukraine applying a special type of subsistence minimum of 2,102.00 UAH instead of the general subsistence minimum for able-bodied persons of 3,028.00 UAH when issuing a certificate of judicial remuneration as of 01.01.2024.
Main Arguments of the Court: The Supreme Court considers that the State Budget Law cannot change the guarantees of judicial independence established by a special law on the judicial system. First, the Constitution and Law No. 1402-VIII clearly define that the amount of judicial remuneration depends on the subsistence minimum for able-bodied persons as of January 1. Second, the introduction of a special type of subsistence minimum for judges at 2,102.00 UAH actually violates the constitutional guarantees of judicial independence. Third, the budget law cannot change legal regulation in other legislative acts.
Court Decision: The Supreme Court satisfied the judge’s cassation appeal, canceled the appellate court’s resolution, and upheld the first instance court’s decision, which obliges the calculation of judicial remuneration using the subsistence minimum of 3,028.00 UAH.
