{"id":11124,"date":"2025-08-15T10:17:10","date_gmt":"2025-08-15T07:17:10","guid":{"rendered":"https:\/\/lexcovery.com\/2025\/08\/case-no-280-10167-23-dated-august-11-2025\/"},"modified":"2025-08-15T10:17:10","modified_gmt":"2025-08-15T07:17:10","slug":"case-no-280-10167-23-dated-august-11-2025","status":"publish","type":"post","link":"https:\/\/lexcovery.com\/en\/2025\/08\/case-no-280-10167-23-dated-august-11-2025\/","title":{"rendered":"Case No. 280\/10167\/23 dated August 11, 2025"},"content":{"rendered":"<p>1. The subject of the dispute is the lawfulness of paying a person with a III group disability as a result of the war a one-time cash payment for the Independence Day of Ukraine in 2023 in the amount established by the Cabinet of Ministers of Ukraine, and not in the amount of seven minimum old-age pensions, as previously stipulated.<\/p>\n<p>2. The court of cassation instance, overturning the decision of the court of appeal, was guided by the fact that the one-time cash payment for the Independence Day of Ukraine is not a new type of social security, but is an annual one-time financial assistance, the change in the date of payment and the procedure for determining its amount does not change its essence as a type of social assistance. The court also noted that a temporary restriction of certain social benefits is possible if amendments are made to the special law, which is the Law of Ukraine &#8220;On the Status of War Veterans, Guarantees of Their Social Protection&#8221;. The Supreme Court emphasized that the one-time cash payment does not belong to the components of the constitutional right of citizens to social protection, which cannot be abolished by law, therefore, the Verkhovna Rada can change the conditions of its payment. The court took into account that the amendments to the law were made in order to economically and rationally use state funds under martial law. The court noted that it departs from the previous position stated in the decision of the Supreme Court of March 05, 2024 in model case No. 440\/14216\/23, and refers to the resolution of the Grand Chamber of the Supreme Court of May 14, 2025 in the same model case.<\/p>\n<p>3. The court decided to satisfy the cassation appeal of the Main Department of the Pension Fund of Ukraine in the Zaporizhzhia region, to cancel the resolution of the Third Administrative Court of Appeal, and to uphold the decision of the Zaporizhzhia District Administrative Court.<\/p>\n<p><a href=\"https:\/\/reyestr.court.gov.ua\/Review\/129450723\"><strong>Full text by link<\/strong><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>1. The subject of the dispute is the lawfulness of paying a person with a III group disability as a result of the war a one-time cash payment for the Independence Day of Ukraine in 2023 in the amount established by the Cabinet of Ministers of Ukraine, and not in the amount of seven minimum&hellip;<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_bbp_topic_count":0,"_bbp_reply_count":0,"_bbp_total_topic_count":0,"_bbp_total_reply_count":0,"_bbp_voice_count":0,"_bbp_anonymous_reply_count":0,"_bbp_topic_count_hidden":0,"_bbp_reply_count_hidden":0,"_bbp_forum_subforum_count":0,"pmpro_default_level":"","footnotes":""},"categories":[57,42],"tags":[],"class_list":["post-11124","post","type-post","status-publish","format-standard","hentry","category-court-practice-ukraine","category-eu-legislation-important","pmpro-has-access"],"acf":{"patreon-level":0},"_links":{"self":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts\/11124","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/comments?post=11124"}],"version-history":[{"count":0,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts\/11124\/revisions"}],"wp:attachment":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/media?parent=11124"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/categories?post=11124"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/tags?post=11124"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}