1. The subject of the dispute is the appeal against the inaction of the Main Department of the Pension Fund of Ukraine in the Odesa Region regarding the accrual and payment of a one-time monetary payment for the Independence Day of Ukraine in 2024 in the amount of five minimum old-age pensions.<\/p>\n
2. The court of cassation instance, overturning the decisions of the previous instances, was guided by the fact that the state has the right to resolve social issues at its own discretion, based on financial and economic capabilities, and may redistribute expenditures in order to maintain a balance between the interests of the individual and society. The court noted that the payment for the Independence Day of Ukraine is an additional social benefit, not a basic payment, which is part of the constitutional right to social protection. The Supreme Court emphasized that the Verkhovna Rada of Ukraine has the right to change the conditions for granting this payment, its size, and terms, subject to the rule of law, the principles of proportionality, social justice, and the prevention of arbitrary restriction of rights. Also, the court took into account that in the conditions of martial law, the priority is to direct the limited financial resources of the state to finance the Armed Forces of Ukraine. The court also noted that the Grand Chamber of the Supreme Court has already expressed a similar position in exemplary case No. 440\/14216\/23, overturning the previous decision of the Supreme Court.<\/p>\n
3. The court decided to grant the cassation appeal of the Main Department of the Pension Fund of Ukraine in the Odesa Region and to refuse to satisfy the claims of PERSON_1.<\/p>\n