This decision of the Constitutional Court of Ukraine (CCU) concerns the important issue of the constitutional limits of the retroactive effect of law in time and the protection of citizens’ rights in the sphere of pension provision.
**1. Substance of the decision**
The Constitutional Court declared the provision “from October 1, 2017,” contained in clause 13-1 of Section XV “Final Provisions” of Law No. 1058 (as amended by Law No. 2148), to be unconstitutional. The essence of the conflict was that the legislator granted retroactive effect to the norms regarding the change in the mechanism of pension payments (in particular for prosecutors), applying them to legal relations that arose before the official publication of the law. The CCU confirmed that a law cannot extend its effect to the past if it violates the principles of legal certainty and the rule of law.
**2. Structure and main provisions**
The decision is based on an analysis of constitutional guarantees regarding the non-retroactivity of laws in time (Art. 58 of the Constitution of Ukraine) and the right of citizens to know their rights and obligations (Art. 57).
* **Main provisions:** The Court emphasized that although the state has the right to change pension provision mechanisms, such changes cannot be retroactive if they worsen a person’s situation.
* **Changes:** The decision effectively cancels the “retroactive effect” of the 2017 pension reform regarding the effective date for certain categories of pensioners, establishing that the law cannot be applied to relations that existed before the moment of its official publication.
**3. Important aspects for application**
For legal practice, this decision is key due to the following:
* **Principle of non-retroactivity:** Any law that changes social payments must be published before the moment it begins to be applied. The application of norms “retroactively” is a violation of the Constitution.
* **Protection of rights:** Individuals whose pension payments were limited due to the retroactive application of the norms of Law No. 2148 receive a legal basis for the review of their cases, as the contested provision has lost its force.
* **Scope:** This decision concerns pension insurance legislation, which is part of the social protection system; therefore, it has a direct impact on the law enforcement practice of the Pension Fund of Ukraine and litigation regarding pension recalculations.
This decision is final and mandatory for implementation throughout the entire territory of Ukraine.
