The decision of the Constitutional Court of Ukraine concerns the constitutionality of certain provisions of the Law of Ukraine “On Civil Service” and the Law of Ukraine “On Service in Local Self-Government Bodies” regarding pension provision for civil servants and local self-government officials.
The structure of the decision includes the recognition of Article 90 of the Law “On Civil Service” and Part Seven of Article 21 of the Law “On Service in Local Self-Government Bodies” as constitutional. At the same time, subparagraph 1 of paragraph 2 of Section XI “Final and Transitional Provisions” of the Law “On Civil Service” was declared unconstitutional regarding the absence of transitional conditions for pension provision for certain categories of persons. Also, the constitutional proceedings regarding the recalculation of pensions granted on the basis of Article 37 of the Law of Ukraine “On Civil Service” of December 16, 1993, were closed.
The most important provision is the recognition of the unconstitutionality of the absence of transitional conditions for pension provision, as this may affect the rights of persons who worked in the civil service or in local self-government bodies for a certain period, but did not have sufficient length of service to receive a pension at the time the new law came into force.
