Pensions for disabled people of Chernobyl in 2024

The accident at the Chernobyl nuclear power plant left a deep mark not only in the history of Ukraine, but also in the lives of thousands of people who participated in the elimination of its consequences. For them, the state provides special conditions for pension provision. Let's take a closer look at what changes took place in 2024 and what opportunities Chernobyl disabled people have to protect their pension rights.

Legislative framework

Pensions for victims of the Chernobyl accident are regulated by the Law of Ukraine "On the Status and Social Protection of Victims of the Chernobyl Disaster". It is this law that determines the amounts, terms of appointment and payment of pensions, as well as some other social guarantees for accident liquidators and victims.

Amounts of pensions in 2024

The size of the pension for disabled people of Chernobyl depends on the group of disability and other factors stipulated by the law. As a rule, pensions for this category of citizens are set as a percentage of the average salary in Ukraine. Exact calculations and amounts of pension payments for 2024 can be found on the official websites of the Pension Fund of Ukraine and relevant ministries.

Limitation of pensions and their appeal

Despite the existence of special legislation protecting the rights of Chernobyl disabled people, in some cases situations arise when the amount of pension may be limited or assigned incorrectly. This can be due to various reasons, including errors in calculations, incorrect application of the law or other violations.

It is important to understand: if you believe that the amount of your pension is illegally limited, you have the right to appeal this decision in court.

The decision of the Constitutional Court of Ukraine № 2-р(II)/2024 became a landmark event for the victims of the Chernobyl disaster, in particular for disabled people of Chernobyl. This decision directly concerns the guaranteed level of social protection of this category of citizens.

The essence of the decision:

The Constitutional Court of Ukraine considered a constitutional complaint regarding the compliance of the legislation on pension provision for disabled Chernobyl victims with the Constitution of Ukraine. The court recognized that some provisions of the law contradict the Constitution, as they do not provide an adequate level of social protection for the victims of the Chernobyl disaster.

The main theses of the decision

The Constitutional Court emphasized that the state must ensure a guaranteed level of social protection for the disabled in Chernobyl, which cannot depend on the financial state of the state. Any changes in the pension legislation should not lead to the limitation of the rights of disabled people of Chernobyl to social protection. Also, the KSU obliged the legislator to eliminate the detected violations of the Constitution by making appropriate changes to the legislation.

What are the consequences of this decision for disabled people of Chernobyl?

This decision opens up new opportunities for protecting the rights of disabled people in Chernobyl. In particular, it can lead to:

• revision of pension amounts: disabled people of Chernobyl can apply to the court with lawsuits for the recalculation of pensions, taking into account the decision of the Constitutional Court;
• cancellation of illegal restrictions: if the amount of the Chernobyl disabled person's pension was illegally limited, this limitation can be canceled;
• improvement of social protection: in the long term, the decision of the Constitutional Court should contribute to the improvement of social protection of the disabled in Chernobyl.

What should the disabled people of Chernobyl do?

If you believe that your rights as a Chernobyl disabled person are being violated, you should consult a lawyer. A lawyer will help you assess the situation, prepare the necessary documents and file a lawsuit.

It is important to remember: each case is individual and the outcome of the case depends on specific circumstances. It should also be borne in mind that there are certain deadlines for appealing the decisions of the PFU, so the sooner you contact a lawyer, the more chances you will have for a positive outcome.

Why do you need a lawyer for an appeal?

Complexity of legislation. Pension legislation is quite complex and constantly changing. A lawyer will help you understand all the nuances and correctly draft a statement of claim. The experience of a lawyer in conducting similar cases will play a key role if you expect to successfully appeal the decision of the Pension Fund. He knows what evidence needs to be collected and how to properly present it in court. A pension transfer lawyer will protect your interests in court and help defend your right to receive an adequate pension.

How to prepare for a trial?

Collect all necessary documents. These can be medical certificates, work books, decisions on establishing disability, etc. Consult with a lawyer, he will help you assess the prospects of the case and prepare a statement of claim. Be prepared for the court process, which can be lengthy, so be patient and be prepared to attend court hearings.

Pension provision for disabled people of Chernobyl is an important component of social protection of this category of citizens. However, in some cases, situations may arise when the size of the pension is illegally limited. In such cases, it is necessary to seek help from a lawyer and appeal the decision of the Pension Fund in court.