The Constitutional Court of Ukraine considered a dispute regarding annual payments to veterans: applicants demand the return of fixed amounts in the law

The Second Senate of the Constitutional Court of Ukraine, during the open part of the plenary session in the form of written proceedings, considered the case on constitutional complaints of Stanislav Serhiyovych Chornomorets and Volodymyr Ivanovych Kolomiiets. This was reported by the CCU.

During the plenary session, the reporting judge in the case, Viktor Horodenko, noted that the subjects of the right to constitutional complaint applied to the Constitutional Court of Ukraine with requests to verify the constitutionality of part five of Article 13 of the Law of Ukraine "On the Status of War Veterans, Guarantees of Their Social Protection" dated October 22, 1993, No. 3551-XII with amendments (hereinafter – Law No. 3551) and subparagraph 2 of paragraph 1 of section I of the Law of Ukraine "On Amendments to Certain Laws of Ukraine Regarding One-Time Monetary Payments to War Veterans and Victims of Nazi Persecutions" dated March 20, 2023, No. 2983-IX (hereinafter – Law No. 2983).

According to part five of Article 13 of Law No. 3551, every year on the Independence Day of Ukraine, persons with war-related disabilities are paid a one-time monetary payment in the manner and amounts determined by the Cabinet of Ministers of Ukraine within the relevant budget allocations established by the law on the State Budget of Ukraine. Law No. 2983 amended part five of Article 13 of Law No. 3551 accordingly.

From the content of the constitutional complaint and attached materials, it appears that S. S. Chornomorets is a person with a war-related disability of group III, who in 2024 received the annual one-time monetary payment for Independence Day of Ukraine according to part five of Article 13 of Law No. 3551 as amended by Law No. 2983 and the Cabinet of Ministers of Ukraine resolution "On Establishing the Amounts of One-Time Monetary Payments for Independence Day of Ukraine Provided by the Laws of Ukraine 'On the Status of War Veterans, Guarantees of Their Social Protection' and 'On Victims of Nazi Persecutions' in 2024" dated April 2, 2024, No. 369.

Believing that he is entitled to an annual one-time monetary payment for Independence Day of Ukraine in the amount of seven minimum pensions by age, S. S. Chornomorets filed a corresponding lawsuit. The Zaporizhzhia District Administrative Court, by decision dated June 9, 2025, upheld by the ruling of the Third Administrative Court of Appeal dated February 19, 2026, denied the claim.

V. I. Kolomiiets, who is also a person with a war-related disability of group II, in 2023 received the annual one-time monetary payment for Independence Day of Ukraine according to part five of Article 13 of Law No. 3551 as amended by Law No. 2983 and the Cabinet of Ministers of Ukraine resolution "On Certain Issues of Social Protection of War Veterans and Victims of Nazi Persecutions" dated July 21, 2023, No. 754.

Believing that he is entitled to such payment in the amount of eight minimum pensions by age, V. I. Kolomiiets applied for its recalculation to the Main Department of the Pension Fund of Ukraine in Zaporizhzhia region, and after refusal – to the court with a lawsuit. The Zhytomyr District Administrative Court, by decision dated November 7, 2025, upheld by the ruling of the Seventh Administrative Court of Appeal dated December 18, 2025, denied the claim. By ruling dated February 2, 2026, the Supreme Court refused to open cassation proceedings on his cassation appeal.

S. S. Chornomorets considers part five of Article 13 of Law No. 3551 as amended by Law No. 2983 unconstitutional because the legislator effectively delegated to the Cabinet of Ministers of Ukraine the authority to determine the amount of social guarantees for persons with war-related disabilities without defining its main elements in the law.

The subject of the constitutional complaint also argues that the contested regulation narrows the previously established by law scope of social guarantees for persons with war-related disabilities, does not comply with the principle of legal certainty, and violates the special constitutional duty of the state regarding social protection of persons who defended the Fatherland.

Moreover, S. S. Chornomorets emphasizes that the disputed payment belongs to the system of social protection guaranteed by Articles 17 and 46 of the Constitution of Ukraine, and therefore its legislative regulation must comply with constitutional requirements regarding the content and scope of social guarantees.

V. I. Kolomiiets believes that the contested provisions of Law No. 3551 as amended by Law No. 2983 narrow the previously established by law scope of social guarantees for persons with war-related disabilities and delegate to the Cabinet of Ministers of Ukraine the authority to determine its essential elements.

According to the author of the request, the removal from the law of specific amounts of the annual one-time monetary payment and granting the Government the right to independently determine such amounts within budget allocations led to an unconstitutional narrowing of social guarantees. V. I. Kolomiiets also argues that the contested regulation does not comply with the principle of the rule of law, violates the principle of legal certainty, guarantees of social protection, and the requirements regarding the determination of human rights and freedoms exclusively by law.

After examining the case materials, the Court proceeded to the closed part of the plenary session to make a decision.

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