The subject of the dispute is the appeal against the inaction of the Pension Fund regarding the failure to accrue and pay an allowance to the disability pension of a person who suffered as a result of the Chornobyl disaster.
The Supreme Court overturned the decisions of the courts of previous instances, which refused to satisfy the claim, motivating this by the fact that the courts did not take into account the legal positions of the Constitutional Court of Ukraine, according to which the state cannot worsen the level of social protection of persons who suffered as a result of the Chornobyl disaster, and in the event that changes to legislation lead to a reduction in the amount of pensions, the previous version of the law, which provided for higher payments, should be applied. The court emphasized that Law No. 1584-IX, which amended the amounts of pensions, does not comply with the Constitution of Ukraine, since the pension amounts established by it are less than those provided for by the previous version of Law No. 796-XII. The court also emphasized that courts should apply the Constitution of Ukraine as a direct effect act and not apply the provisions of regulatory legal acts that contradict it. **** In fact, the court indicates that the courts should ignore the changes introduced by Law No. 1584-IX.
The Supreme Court granted the claims, recognizing the inaction of the Pension Fund as illegal and obliging it to recalculate and pay the pension in accordance with the previous version of Law No. 796-XII, namely in the amount of eight minimum old-age pensions.
