The Constitutional Court of Ukraine is considering the case regarding the subsistence minimum of 2102 UAH for determining the official salary of a judge

The Grand Chamber of the Constitutional Court of Ukraine has begun consideration of a case regarding the constitutionality of provisions of the laws on the State Budget of Ukraine for 2022–2025, which provide a separate subsistence minimum of 2102 hryvnias for determining the base amount of a judge's official salary. The relevant constitutional submission to the CCU was made by the Supreme Court.

During the plenary session, the reporting judge in the case, Oleksandr Petryshyn, stated that the Supreme Court applied to the Constitutional Court of Ukraine with a request to verify the compliance with Articles 6, 8, part one of Article 126, and Article 130 of the Constitution of Ukraine of the fifth paragraph of Article 7 of the Law of Ukraine "On the State Budget of Ukraine for 2022," the fifth paragraph of Article 7 of the Law of Ukraine "On the State Budget of Ukraine for 2023," the fifth paragraph of Article 7 of the Law of Ukraine "On the State Budget of Ukraine for 2024," and the fifth paragraph of part one of Article 7 of the Law of Ukraine "On the State Budget of Ukraine for 2025."

As the reporting judge noted, the subject of constitutional control in this case is the provisions of the laws on the State Budget of Ukraine regarding the establishment in 2022–2025 of the subsistence minimum per person per month for able-bodied persons, which is applied to determine the base amount of a judge's official salary, set at 2102 hryvnias.

Based on the analysis of the constitutional submission and the attached materials, the following is observed.

The subject of the constitutional submission indicates that since 2021 and up to the present, the laws on the State Budget of Ukraine for the respective years, simultaneously with the establishment of subsistence minimums, including for able-bodied persons, the legislator introduced a new type of subsistence minimum – the subsistence minimum for able-bodied persons, which is applied to determine the base amount of a judge's official salary. In particular, from January 1, 2025, two types of subsistence minimums for able-bodied persons will be in effect – a general one of 3028 UAH and a special one of 2102 UAH, which is applied to determine the base amount of a judge's official salary.

The Supreme Court notes that according to the Law of Ukraine "On the Judiciary and the Status of Judges," only the subsistence minimum for able-bodied persons established as of January 1 of the calendar year may be taken into account when determining the amount of judicial remuneration. Accordingly, the application of any other calculated figure in determining the amount of a judge's official salary, different from that established by the special law, is not permitted.

The subject of the constitutional submission believes that contrary to the norms of Articles 6, 8, part one of Article 126, and Article 130 of the Constitution of Ukraine, the contested provisions of the laws on the State Budget of Ukraine for 2022–2025, which establish from January 1 of the respective calendar year the subsistence minimum for able-bodied persons applied to determine the base amount of a judge's official salary at 2102 hryvnias, effectively change the legal regulation regarding judicial remuneration established in the special legislative act – the Law of Ukraine "On the Judiciary and the Status of Judges."

The judge also informed that in order to ensure a complete and objective consideration of the case, analytical and reference-information materials on constitutional proceedings will be prepared, and measures aimed at clarifying scientific approaches to issues arising in this constitutional proceeding will be taken.

The Grand Chamber of the CCU examined the case materials in the open part of the plenary session and proceeded to the closed part.

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