Case: Recalculation of the Chernobyl NPP pension to a disabled person of group I in accordance with Article 54

The Law Office “Prikhodko&Partners” was contacted by pensioner Igor Oleksiyovych, who is a person with a disability of group I among the victims of the Chernobyl accident.

The pension was assigned for disability in accordance with Article 54 of the Law of Ukraine “On the status and social protection of citizens affected by the Chernobyl disaster” (hereinafter referred to as Law № 796-XII) in the amount of UAH 10,197.35.

Having the right to receive a pension in the amount of 10 minimum old-age pensions, which meets the requirements of Article 54 of Law № 796-XII as amended by Law № 230/96-VR, Igor Oleksiyovych applied to the PFU body with a corresponding application for pension recalculation, but received a refusal, which was justified by the fact that the decision of the Constitutional Court of Ukraine dated 03.04.2024 № 4-р(ІІ)2024 recognized as inconsistent with the Constitution of Ukraine (is unconstitutional) part three of Article 54 of Law № 796, as amended, and loses its validity three months from the date of termination or cancellation of martial law, introduced by the Decree of the President of Ukraine “On the aintenance of martial law in Ukraine” dated 24.02.2022 № 64/2022, as amended.

An agreement was concluded between the Law Firm “Prikhodko&Partners” and Igor Alekseevich on the provision of legal assistance in support of the case regarding the recalculation of pensions.

A lawsuit was filed in court in order to protect the right to pension benefits.

On October 14, 2025, the Volyn district administrative court adopted a decision in case № 140/10257/25, which:

• the actions of the Main department of the Pension Fund of Ukraine in the Volyn region regarding the refusal to accrue and pay a pension in accordance with Article 54 of the Law of Ukraine dated 28.02.1991 № 796-ХІІ “On the status and social protection of citizens who have suffered as a result of the Chernobyl disaster” as amended by the Law of Ukraine dated 06.06.1996 № 230/96-ВР “On amendments and supplements to the Law of Ukraine “On the status and social protection of citizens who have suffered as a result of the Chernobyl disaster” were declared unlawful;
• the Main department of the Pension Fund of Ukraine in the Volyn region is obliged to recalculate and pay the pension provided for in Article 54 of the Law of Ukraine № 796-ХІІ of February 28, 1991 “On the status and social protection of citizens affected by the Chernobyl disaster” from July 22, 2025, in the amount of ten minimum pensions by age (taking into account previously paid amounts).

The PFU body did not agree with the decision of the court of first instance and filed an appeal, however, by the resolution of the First administrative court of appeal dated 02/04/2026, the appeal of the Main department of the Pension Fund of Ukraine in the Volyn region was dismissed, and the decision of the Volyn district administrative court dated 10/14/2025 in case № 140/10257/25 was left unchanged.

After the court decision entered into force, the Law Office filed a request for the execution of the court decision by the PFU body.

After the recalculation, the pension amounted to UAH 23,951.64.

Thus, the recalculation of pensions in accordance with Article 54 of Law № 796-XII as amended by Law № 230/96-VR allows for a significant increase in the amount of pension benefits and the restoration of the violated rights of pensioners. In practice, the result of such a recalculation is tangible: in the given case, the amount of pension increased from UAH 10,197.35 to UAH 23,951.64.

We advise that persons who belong to the category of victims of the Chernobyl disaster and are entitled to a pension under Article 54 of the Law should check the correctness of the calculation of their pension.

In the case of an underestimation of its amount, the protection of the right to adequate pension provision can be successfully implemented in court, which is confirmed by the actual result of the calculation.