1. The subject of the dispute is the lawfulness of the actions of the Main Department of the Pension Fund of Ukraine in Kharkiv Oblast regarding the reduction of the amount of the plaintiff’s pension in January 2025 based on the provisions of the Law of Ukraine “On the State Budget of Ukraine for 2025” and the resolution of the Cabinet of Ministers of Ukraine.
2. The Supreme Court, overturning the decisions of previous instances, emphasized that the pension provision of prosecutors is regulated by a special law – the Law of Ukraine “On the Prosecutor’s Office,” which has priority in application. The court emphasized that changes to the pension provision of prosecutors can only be made by amending this special law, and not by the law on the State Budget or a resolution of the Cabinet of Ministers of Ukraine. The court also noted that the provisions of the Law of Ukraine “On the State Budget of Ukraine for 2025,” which limit the amount of pensions, contradict Article 46 of the Constitution of Ukraine, which guarantees the right to social protection. In addition, the Supreme Court referred to the practice of the Constitutional Court of Ukraine, which emphasized the inadmissibility of narrowing the content and scope of existing rights and freedoms when adopting new laws or amending existing laws. The court also took into account that the Cabinet of Ministers of Ukraine does not have the right to determine the conditions and procedure for recalculating pensions to prosecutors, as this is the exclusive competence of the Verkhovna Rada of Ukraine. The Court departed from its previous position regarding the application of the provisions of the Law on the State Budget if they restrict rights established by special laws.
3. The court of cassation instance issued a new decision, which partially satisfied the claim, recognizing the actions of the Main Department of the Pension Fund of Ukraine in Kharkiv Oblast regarding the reduction of the amount of the plaintiff’s pension as unlawful, and ordering the payment of the underpaid amount of the pension for January 2025.
