The Court Made a Decision in the Case Regarding the Constitutional Limits of the Retroactive Effect of the Law in Time
The Second Senate of the Constitutional Court of Ukraine (CCU) at a plenary session considered the case on the constitutional complaint of Viktor Valeriyovych Prykhodko regarding the compliance with the Constitution of Ukraine of the first paragraph of point 131 of section XV "Final Provisions" of the Law of Ukraine "On Compulsory State Pension Insurance" dated July 9, 2003, No. 1058-IV (hereinafter – Law No. 1058) as amended by the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding Pension Increases" dated October 3, 2017, No. 2148-VIII (hereinafter – Law No. 2148) and adopted Decision No. 5-р(ІІ)/2026.
The reporting judge in the case was Oleh Pervomayskyi.
The contested provision of Law No. 1058 as amended by Law No. 2148 states that "from October 1, 2017, pensions assigned after the entry into force of the Law of Ukraine 'On Measures to Legally Ensure the Reform of the Pension System' <…> shall be paid in the amount calculated in accordance with this Law."
According to Prykhodko V. V., as a result of applying the contested provisions, the amount of his pension was significantly reduced, which violates several articles of the Constitution of Ukraine, in particular Article 22 and parts one and two of Article 24.
After examining the issues raised in the constitutional complaint, the Court concluded that the specific provision of the first paragraph of point 13-1 of section XV "Final Provisions" of Law No. 1058 as amended by Law No. 2148, namely "from October 1, 2017," does not comply with the Constitution of Ukraine.
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