1. The subject of the dispute is the right of a person who suffered as a result of the Chornobyl disaster to recalculate the pension in the amount provided for by Articles 50 and 54 of the Law of Ukraine “On the Status and Social Protection of Citizens Affected by the Chornobyl Disaster” as amended by Law No. 230/96-VR.
2. In this case, the Supreme Court considered the issue of the amount of pension payments for persons who suffered as a result of the Chornobyl disaster, namely, regarding the application of the versions of Law No. 796-XII in calculating pensions. The Court noted that the state has a constitutional duty to ensure the social protection of citizens who suffered as a result of the Chornobyl disaster, and amendments to legislation should not worsen their level of social protection. The Court emphasized that restricting the right to social security of such persons is unacceptable, and an additional pension is an integral part of the state’s positive obligation to provide enhanced social protection. The Court also took into account previous decisions of the Constitutional Court of Ukraine regarding the inadmissibility of canceling benefits for Chornobyl victims. The Court departed from previous conclusions of the Supreme Court, which stated that the additional pension should be calculated in the manner and amounts determined by the Resolution of the Cabinet of Ministers of Ukraine dated November 23, 2011 No. 1210.
3. The Supreme Court overturned the decisions of the courts of previous instances and issued a new decision, which recognized as illegal the refusal of the Main Department of the Pension Fund of Ukraine in the Kharkiv region to recalculate the plaintiff’s pension and obliged it to recalculate and pay the pension in accordance with Articles 50, 54 of Law No. 796-XII as amended by Law No. 230/96-VR.
