Subject of Dispute: Recognition of the Pension Fund’s actions as unlawful regarding non-payment of a full pension to a person with a disability resulting from the Chornobyl catastrophe.
Main Arguments of the Court:
1. The Constitutional Court declared unconstitutional the norm delegating the Cabinet of Ministers the right to establish minimum pensions for Chornobyl catastrophe victims.
2. Law No. 1584-IX, adopted to implement the Constitutional Court’s decision, effectively reduced social guarantees for the affected individuals.
3. The Supreme Court concluded that the new law does not correspond to the purpose of the Constitutional Court’s decision and violates citizens’ rights.
Court Decision: Satisfy the claim and oblige the Pension Fund to calculate the pension at the amount of 8 minimum age pensions from July 2023.
Note: The Supreme Court deviated from previous judicial practice, clearly indicating the need to apply the old version of the law with greater social guarantees.
