CONSTITUTIONAL COURT ON PENSION REDUCTION TO STATE CIVIL SERVANTS

The Constitutional Court recognized as unconstitutional the provisions of the Law of Ukraine "On Public Service" dated December 10, 2015 № 889-VIII, which provided for the impossibility of transferring pensions of individual civil servants.

The press service of the Constitutional Court reported that the Constitutional Court made the relevant decision based on the constitutional appeal of a citizen of Ukraine.

The decision states that the applicant requests the CSU to recognize it as an inappropriate provision of Article 22, the first part of Article 46, the first part of Article 58, and the first part of Article 64 of the Constitution of Ukraine. Chapter XI of Law № 889 "Final and Transitional Provisions" Clause 2 Clause 1. Law № 3723 is deemed to have lost its validity in accordance with the disputed provisions of Law № 889, with the exception of Article 37, which applies to specified persons, Articles 10 and 12 of Chapter XI of Law № 889 "Final and Transitional Provisions".

The subject of the constitutional lawsuit claims that the refusal to transfer the pension assigned to him violates his right to social protection.

Evaluating the constitutionality of paragraph 1 of paragraph 2 of Chapter XI "Final and Transitional Provisions" of Law № 889, the KSU noted that the pension provision of civil servants is regulated in accordance with the time of pension appointment, or will be based on normative acts (mainly Ukrainian legislation), according to which the form, type , grounds and conditions of pension provision of civil servants.

Since the entry into force of Law № 889, the pension provision of subjects of constitutional appeal and other civil servants is regulated by Law № 1058 as a general law regulating relations between all subjects of the universally mandatory system.

At the same time, persons specified in Articles 10, 12 of Chapter XI "Final and Transitional Provisions" of Law № 889 retain the right to be assigned a pension under Article 37 of the Law as a special Law № 3723. However, these persons do not have the right to indexation and recalculation of the amount assigned to them pensions

It is worth noting that in this case, the subject of the constitutional right to appeal and other civil servants have certain justified expectations of receiving a pension in accordance with the provisions of Article 37 of Law № 3723.

The Constitutional Court concluded that the right to social protection, guaranteed by Article 46 of the Basic Law, is based on the fact that the amount of pensions, other types of social benefits and assistance as the main source of livelihood should take this fact into account. Taking into account human needs, human dignity and other constitutional values and taking into account the existence of economic and other prerequisites, the amounts of pensions, other types of social payments and benefits should be indexed or recalculated in a timely manner.

In its decision, the KSU noted that "the legal mechanism of indexation and recalculation of pensions, other types of social payments and benefits is one of the constitutional guarantees of the validity of the right to social protection."

The court emphasized that the Verkhovna Rada of Ukraine should regulate their grounds, order and procedures by law in order to formulate, specify and clarify the provisions of Articles 3, 8, 24, parts one and 46 of the Basic Law. Conditions for indexation and recalculation of various amounts of pensions for all categories of pensioners. Since subsection 1 of paragraph 2 of Chapter XI of Law № 889 "Final and Transitional Provisions" does not contain a reference to Article 371 of Law No. 3723, the subject of a constitutional appeal and other rights shall be subject to Article 37 of Law № 3723. Persons granted the right to a pension in the specified amount, it is not possible to recalculate the amount of the pension, that is, to modernize it. Therefore, the amount of civil servants' pension, assigned in accordance with Article 37 of Law № 3723, changes according to the terms of pension assignment.

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