1. The subject of the dispute is the refusal of the Main Department of the Pension Fund of Ukraine in the Cherkasy region to recalculate the pension of PERSON_1, a participant in the liquidation of the consequences of the Chornobyl accident, with an increase in its amount by 1% of earnings for each year of work over 20 years, but not higher than 85% of earnings, in accordance with paragraph 2 of Article 56 of the Law of Ukraine “On the Status and Social Protection of Citizens Affected by the Chornobyl Disaster.”
2. The Supreme Court, satisfying the cassation appeal of PERSON_1, emphasized that according to Article 58 of the Constitution of Ukraine, laws and other normative legal acts do not have retroactive effect, and therefore, amendments to paragraph 2 of Article 56 of the Law of Ukraine “On the Status and Social Protection of Citizens Affected by the Chornobyl Disaster,” introduced by the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding Pension Increases,” cannot be applied to persons whose pension was granted before these amendments came into force. The court emphasized that the state guaranteed participants in the liquidation of the consequences of the Chornobyl accident special conditions of pension provision, and these guarantees must be preserved, and the deterioration of existing rights is inadmissible. Also, the court took into account the legal position expressed by the Supreme Court as part of the judicial chamber for considering cases on the protection of social rights of the Cassation Administrative Court in the decision of June 25, 2024 (case No. 300/3435/21). The Court noted that it departs from previous conclusions regarding the application of paragraph 2 of Article 56 of Law No. 796-XII as amended by Law No. 2148-VIII.
3. The court overturned the decisions of the courts of previous instances and issued a new decision, which declared illegal the refusal of the Main Department of the Pension Fund of Ukraine in the Cherkasy region and obliged it to recalculate and pay the pension of PERSON_1, taking into account an increase in its amount by 1% of earnings for each year of work over 20 years, but not higher than 85% of earnings, in accordance with the wording of paragraph 2 of Article 56 of the Law of Ukraine “On the Status and Social Protection of Citizens Affected by the Chornobyl Disaster” that was in effect until October 11, 2017.
