Good day!
1. The Constitutional Court of Ukraine (CCU) considered the issue of pension provision for civil servants and local government officials, in particular, regarding transitional provisions when changing legislation. The Court recognized that certain provisions of the Law “On Civil Service” are unconstitutional in terms of the absence of compensatory mechanisms for those who did not manage to acquire the necessary length of service before the change in pension conditions, but paid increased contributions for a long time. This decision aims to protect the social rights of citizens and ensure fairness when changing pension legislation.
2. The structure of the CCU decision includes an introductory part with the justification of the constitutional submission, an analysis of the disputed provisions of the laws “On Civil Service” and “On Service in Local Self-Government Bodies”, as well as the legal position of the Court. Key provisions:
* The articles regulating pension provision for civil servants and local self-government officials in accordance with the Law “On Mandatory State Pension Insurance” are recognized as constitutional.
* The provision that does not provide for transitional mechanisms for persons who paid increased contributions but did not have sufficient length of service at the time of the change in legislation is recognized as unconstitutional.
* The proceedings were closed in the part where there is already a CCU decision regarding the recalculation of pensions.
3. The most important provision of this decision is the recognition of the need for transitional or compensatory mechanisms for those who paid increased pension contributions, but did not manage to acquire the necessary length of civil service before the change in legislation. This means that the state must develop a mechanism for compensation or taking into account the paid contributions when assigning pensions to such persons. This decision is important for protecting the rights of those who conscientiously fulfilled their obligations to the state and should ensure fairness in the pension system.
