Can the Law on the State Budget Change the Procedure for Paying Military Pensions — the Case is Considered by the Constitutional Court of Ukraine
The Grand Chamber of the Constitutional Court of Ukraine is considering a case regarding the constitutionality of certain provisions of the Law "On the State Budget of Ukraine for 2025" and a Cabinet of Ministers resolution, which establish a special procedure for paying pensions to certain categories of persons during martial law. The Supreme Court submitted the relevant constitutional petition to the Constitutional Court of Ukraine.
During the plenary session, the reporting judge in the case — judge of the Constitutional Court of Ukraine Vasyl Lemak — informed that the petitioner applied to the Constitutional Court of Ukraine with a request to verify the compliance of Article 46 of the Law of Ukraine "On the State Budget of Ukraine for 2025" dated November 19, 2024, No. 4059-IX, as well as the Cabinet of Ministers of Ukraine resolution "On Determining the Procedure for Paying Pensions to Certain Categories of Persons in 2025 During Martial Law" dated January 3, 2025, No. 1, with Articles 19, 46, and 92 of the Constitution of Ukraine. The resolution includes amendments limiting the amount of pensions to persons whose pensions were assigned (recalculated) according to the Law of Ukraine "On Pension Provision for Persons Discharged from Military Service and Some Other Persons" dated April 9, 1992, No. 2262-XII, as amended.
According to Article 46 of the Law of Ukraine "On the State Budget of Ukraine for 2025" dated November 19, 2024, No. 4059-IX, in 2025 during martial law, pensions assigned (recalculated), in particular, according to the Law of Ukraine "On Pension Provision for Persons Discharged from Military Service and Some Other Persons" dated April 9, 1992, No. 2262-XII, as amended (taking into account supplements, increases, additional pensions, targeted monetary assistance, pensions for special merits to Ukraine, indexation, and other pension supplements established by law), whose amount (pension payment) exceeds ten subsistence minimums established for persons who lost their ability to work, are paid applying coefficients to the amount exceeding the limit in the sizes and procedure determined by the Cabinet of Ministers of Ukraine.
The Cabinet of Ministers of Ukraine resolution establishes that during martial law in 2025, pensions (pension payments) assigned (recalculated), in particular, according to the Law of Ukraine "On Pension Provision for Persons Discharged from Military Service and Some Other Persons" dated April 9, 1992, No. 2262-XII, as amended (taking into account supplements, increases, additional pensions, targeted monetary assistance, pensions for special merits to Ukraine, indexation, and other pension supplements established by law), whose amount exceeds 10 subsistence minimums established for persons who lost their ability to work, are paid applying coefficients to the respective amounts of excess (paragraphs one to six of point 1 of the Cabinet of Ministers resolution). Furthermore, special rules for applying coefficients to persons whose pensions were assigned (recalculated) according to legislative acts mentioned in the first paragraph of point 1 of the Cabinet of Ministers resolution and who are entitled to pensions under the Law of Ukraine "On Compulsory State Pension Insurance," where the pension amount is calculated according to part one of Article 27, second paragraph of part one of Article 28, and Article 29 of the Law of Ukraine "On Compulsory State Pension Insurance," are defined (seventh paragraph of point 1 of the Cabinet of Ministers resolution). Additionally, it is established that during martial law in 2025, the coefficients defined in point 1 of the Cabinet of Ministers resolution are not applied to pensions (pension payments) in certain cases (point 2).
In the constitutional petition, the Supreme Court substantiates the unconstitutionality of certain provisions of Article 46 of the Law of Ukraine "On the State Budget of Ukraine for 2025" dated November 19, 2024, No. 4059-IX, and the Cabinet of Ministers resolution, considering, among other things: the special social protection of servicemen, including pensioners; the special, clearly defined in the Constitution of Ukraine, subject of regulation by the law on the State Budget of Ukraine, which excludes making changes, suspending the effect, or repealing other laws (cancellation, change of scope of rights, benefits, compensations, guarantees, etc., provided by other laws); and the permissibility of the Verkhovna Rada of Ukraine delegating powers to the Cabinet of Ministers of Ukraine to regulate social protection relations exclusively within the limits defined by the Constitution of Ukraine.
The reporting judge also noted that to ensure a full and objective consideration of the case and to adopt a well-founded decision by the Grand Chamber of the Constitutional Court of Ukraine, he sent inquiries, in particular, to the President of Ukraine, the Verkhovna Rada of Ukraine, Yaroslav Mudryi National Law University, and other scientific and educational institutions. The content of the expressed positions will be communicated to the judges during the closed part of the plenary session.
After examining the case materials, the Grand Chamber of the Constitutional Court of Ukraine proceeded to the closed part of the plenary session.
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