Subject of the Dispute: Recognition of the Pension Fund’s Refusal to Recalculate Pension for a Person Affected by the Chornobyl Disaster as Unlawful, and Obligation to Perform Pension Recalculation in Accordance with the Previous Version of the Law.
Main Arguments of the Court: The Supreme Court established that the 2021 version of the law sets lower pension amounts for Chornobyl disaster victims than previously provided. The Court referred to the Constitutional Court’s decision, which emphasized that the state cannot reduce social guarantees for this category of persons, as this violates their constitutional rights and the principle of social protection.
Court Decision: The Supreme Court satisfied the claim, cancelled the decisions of previous instances, and obliged the Pension Fund to calculate and pay the plaintiff’s pension in the amount of 6 minimum old-age pensions in accordance with the previous version of the law.
