Subject of Dispute: A person affected by the Chornobyl disaster challenges the Pension Fund’s refusal to recalculate the pension in accordance with the previous version of the law.
The court essentially deviates from previous judicial practice, indicating that the pension amounts established by the new law are lower than previously envisaged, and therefore the older version of the law should be applied.
Key Court Arguments:
1. The Constitutional Court previously declared unconstitutional the law version that restricted the rights of Chornobyl victims.
2. The new law established lower pension amounts than before, which violates the rights of those affected.
3. The court considers it necessary to apply the 1996 law version, which provides higher social guarantees.
Court Decision: Satisfy the claim, obligate the Pension Fund to recalculate the pension according to the old law version with payment of six minimum pensions.
