1. The subject of the dispute was the appeal against the inaction of the Pension Fund regarding the recalculation and payment of pension, taking into account the surcharge for extra years of service in accordance with the Law of Ukraine “On the Status and Social Protection of Citizens Affected by the Chernobyl Disaster” as amended until 2017.
2. The court of cassation, overturning the decisions of the previous instances, emphasized that the changes to the legislation introduced in 2017 do not have retroactive effect and cannot worsen the situation of persons whose pensions were granted earlier. The court emphasized that persons who acquired the right to a pension, taking into account the special law on the Chernobyl disaster, retain this right even after the change in regulatory regulation. The court also took into account the practice of the Constitutional Court of Ukraine regarding the principle of non-retroactivity of laws and other normative legal acts. **** An important point is that the Supreme Court departed from previous conclusions regarding the application of changes to Article 56 of Law No. 796-XII, introduced by Law No. 2148-VIII, to legal relations that arose before these changes came into force. The court pointed out the inadmissibility of narrowing the content and scope of existing rights of such persons, which contradicts Article 22 of the Constitution of Ukraine.
3. The Supreme Court overturned the decisions of the previous instances and satisfied the claim, recognizing the illegal inaction of the Pension Fund and obliging it to recalculate and pay the pension, taking into account the surcharge for extra years of service in accordance with the wording of the Law that was in effect at the time the plaintiff’s pension was granted.
