Subject of Dispute: Recognition of the Pension Fund’s Refusal as Unlawful to Accrue and Pay a Pension of 8 Minimum Old-Age Pensions to a Person with Disability Group 2 as a Result of the Chornobyl Catastrophe.
Main Arguments of the Court:
1. The Constitutional Court of Ukraine in its decisions dated 07.04.2021 and 03.04.2024 recognized that the state cannot reduce social guarantees for those affected by the Chornobyl Catastrophe.
2. Law No. 1584-IX, which establishes new pension amounts, actually violates the constitutional rights of citizens, as it provides for lower payments than the previous version of the law.
3. The state must ensure enhanced social protection and compensation for health damage to persons affected by the Chornobyl Catastrophe.
Court Decision: Satisfy the claim, obligate the Pension Fund to accrue and pay a pension to a person with Disability Group 2 in the amount of 8 minimum old-age pensions from 13.09.2023.
