Here is the translation:
1. Subject of Dispute: Challenging the Pension Fund’s refusal to calculate and pay a full pension to a person with disability resulting from the Chornobyl catastrophe.
2. Key Court Arguments:
– The Constitutional Court of Ukraine declared unconstitutional the previous legislative regulation that reduced social guarantees for those affected by the Chornobyl catastrophe.
– The state is obligated to ensure full social protection for persons affected by the Chornobyl catastrophe and cannot reduce previously established guarantees.
– The new law, adopted to implement the Constitutional Court’s decision, effectively again reduced pension amounts, which is inadmissible.
3. Court Decision: Satisfy the claim, obligate the Pension Fund to calculate and pay a pension in the amount of eight minimum old-age pensions.
Note: The court deviates from previous judicial practice that allowed the application of a new law reducing social guarantees.
