1. The subject of the dispute is the lawfulness of the actions of the Main Department of the Pension Fund of Ukraine regarding the payment of a one-time annual financial aid to the Independence Day of Ukraine to a combatant in an amount less than five minimum old-age pensions.
2. The court of cassation, overturning the decisions of the courts of previous instances, was guided by the fact that the state has the right to change the conditions for granting social payments, taking into account financial capabilities, internal and external challenges, especially under martial law. The court noted that a one-time cash payment for the Independence Day of Ukraine is an additional social benefit, and not a main payment, which is part of the constitutional right to social protection. The procedure and amounts of such payment are determined by the Cabinet of Ministers of Ukraine within the budget allocations established by the Law on the State Budget of Ukraine. The court also took into account the conclusions of the Grand Chamber of the Supreme Court in model case No. 440/14216/23, which stated that in times of war, priority is given to financing the Armed Forces of Ukraine, which may affect the balance of the state budget. The court deviated from the previous position, which was expressed in the decision of the Supreme Court of March 5, 2024 in model case No. 440/14216/23.
3. The court rendered a decision to dismiss the claims of PERSON_1.
