Supreme Court and ECHR Practice: Under What Conditions the Termination of Social Payments Is Recognized as Illegal

Challenging the termination or delay of social assistance in Ukraine is not only possible but also a necessary mechanism for protecting citizens' constitutional rights in the current legal environment.

In martial law conditions, the issue of social protection has gained unprecedented importance. On the one hand, the state faces a budget deficit, prompting the Government to introduce special procedures and certain restrictions. On the other hand, social payments, including pensions, are a property right of the individual and are subject to protection as an object of property rights.

Legislative Regulation

The right to social protection is guaranteed by Article 46 of the Constitution of Ukraine. It includes the right to support in case of disability, unemployment, old age, loss of a breadwinner, and other cases provided by law.

A key aspect is also Article 92 of the Constitution, which stipulates that the forms and types of pension provision and social protection are established exclusively by laws.

At the level of special legislation, laws such as "On Compulsory State Pension Insurance" (No. 1058-IV), "On Ensuring the Rights and Freedoms of Internally Displaced Persons" (No. 1706-VII), and others are in force.

At the same time, a state authority does not have the right to arbitrarily suspend or terminate social payments. The grounds, procedure, and terms for their implementation must be defined by law or a normative act adopted in execution of the law. If the authority exceeds its powers or applies grounds not provided for by legislation, such a decision may be recognized by the court as unlawful.

Problematic Aspects and Practical Consequences

In practice, disputes arise in several typical situations:

• termination of payments based on subordinate acts;
• non-payment after a positive court decision;
• refusal due to verification;
• suspension due to being abroad;
• delays in executing court decisions.

The main problem remains the enforcement of court decisions. Pension Fund bodies may delay payments citing the absence of a special procedure for reimbursing arrears for past periods.

An important victory in the field of social rights protection was the cancellation in 2026 of the Cabinet of Ministers Resolution No. 821, which for a long time blocked the real enforcement of court decisions. In case No. 320/51895/25, the Kyiv District Administrative Court, and later the Sixth Administrative Court of Appeal, recognized this normative act as unlawful and invalid.

The court emphasized that the cancellation of Resolution No. 821 is not just a victory in one court case but a restoration of the constitutional principle of the rule of law over government inaction. The court confirmed that the right to social protection and a fair trial cannot be illusory even during war.

Judicial View

The Sixth Administrative Court of Appeal in case No. 640/14871/21 concluded that failure to confirm the actual place of residence or inability to establish the whereabouts of an internally displaced person is not a ground for terminating pension payments.

The court noted that Article 49 of the Law "On Compulsory State Pension Insurance" contains an exhaustive list of grounds for terminating pension payments, and subordinate acts cannot expand it. Therefore, termination of a pension on such grounds is illegal and violates the person's right to pension provision.

In case No. 620/17864/21, the Supreme Court stated that the payment of material assistance may depend on the availability of budget appropriations if such assistance is not a mandatory part of monetary provision. However, if it concerns pensions or mandatory social payments, the lack of budget funds is not a justification for non-payment.

The Supreme Court in case No. 120/4864/24 stated that assistance for the residence of internally displaced persons is not discontinued unless two conditions are simultaneously met: being abroad for more than 30 days as of July 15, 2023, and not returning to Ukraine by August 1, 2023. If the person returned by that date, the payment of assistance must be continued.

In case No. 591/610/16-a, the Supreme Court indicated that the inability to timely apply for assistance due to hostilities should not deprive a child of material support, as the interests of the child are a priority according to the Convention on the Rights of the Child.

Regarding deadlines for appeals, the Supreme Court in case No. 646/6250/17 noted that in case of illegal termination of pension payments due to the fault of the Pension Fund authority, the six-month period for filing a lawsuit does not apply. Accrued but unpaid pension amounts due to the fault of the state authority must be paid without any time limitation together with compensation for lost income.

ECHR Practice

The European Court of Human Rights (ECHR) considers social payments through the prism of Article 1 of Protocol No. 1 to the Convention (protection of property).

Case "Shylina v. Ukraine": The ECHR recognized the suspension of payments to internally displaced persons in case of refusal to open an account in the state "Oschadbank" as lawful, since it is a measure to control the use of public funds and does not impose an "excessive burden" on the person.

Case "Pichkur v. Ukraine": The Court stated that termination of a pension due to living abroad (or in uncontrolled territory) is discriminatory and violates the Convention.

Case "Kechko v. Ukraine": The ECHR clearly stated that authorities cannot cite lack of funds as a reason for failing to fulfill obligations established by law.

Thus, the analysis of judicial practice and the ECHR indicates the formation of a stable legal position according to which state authorities cannot terminate or delay social payments on grounds not provided by law, and budget difficulties do not exempt the state from fulfilling its social obligations.

At the same time, each dispute requires an assessment of the specific norms regulating the relevant type of assistance, as the procedure for its appointment, suspension, and termination may differ significantly.

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