The court’s decision on limiting pensions to military personnel

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Chmona Alona

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Expert in the field of civilian pensions, recalculation of pensions of law enforcement agencies and military law.

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The court’s decision on limiting pensions to military personnel

Reading time: 4 min.

When pension restrictions for the military were introduced at the level of current legislation, many pensioners faced a situation of violation of their rights. Moreover, this is what the legal norm itself turned out to be, no matter how paradoxical it sounds. Let's find out in more detail why this happened.

What is the root of the problem in the legal field?

If we refer to the normative legal act, which for the first time introduced restrictions on the maximum amount of the pension, then it is worth mentioning the Law "On measures to provide legislative support for the reform of the pension system" dated 07.8.2011 № 3668-VI. It amended the 43rd article of the Law "On pension provision of persons released from military service and certain other persons".

It is clear that the pensioners, who understood the illegality of such a provision, were not satisfied with this. Their defense of their interests was immediately reflected in two relevant decisions of the Constitutional Court of Ukraine. This decision is dated 20.12.2016 № 7-рп/2016 and dated 12.10.2022 № 7-р(II)/2022. These solutions are quite extensive in nature. However, their key meaning is the following – the limitation of the maximum pension for military pensioners violates the constitutional guarantees relating to the unconditional provision of their social protection.

 

Also, in these decisions there are many other important theses regarding the rights to adequate pension provision of persons who defended the sovereignty and territorial integrity of our state. If you need a high-quality and affordable explanation, the team of the "Prikhodko&Partners" law office provides such a service in a consultative format. We explain complex legal concepts, phenomena and trends to our clients in an accessible manner. This helps to understand what specific prospects you have for improving your position in the legal field by advocating for a decent pension.

What does the Supreme Court of Ukraine say?

Today, one can find quite a large number of decisions of the Supreme Court, which contain the conclusion that the limitation of the maximum size of the pension of military personnel and other pensioners, who are covered by identical legislation, is illegal. As for such legislation, we mean first of all the Law "On pension provision of persons released from military service and certain other persons". It is not only about the military, but also about pensioners from the Ministry of Internal Affairs, Security Service of Ukraine, State Emergency Service and many other structures.

How is the issue resolved at the level of judicial practice?

This practice shows that the courts of the first and second instances take into account the conclusions regarding the application of the legal norms mentioned in the decisions of the Supreme Court. By the way, part 5 of Art. 242 of the Code of Administrative Procedure of Ukraine.

 

How can our services be useful?

Inquiries at the intersection of pension and military law belong to the competence of the Prikhodko&Partners law office. We are ready not only to advise you, but also to draw up a statement of claim with full and comprehensive consideration of the practice of the Supreme Court.

We do everything necessary to obtain a positive decision in your favor. And when you already have such a decision in your hands regarding a won case, then you should rely on Art. 129-1 of the Constitution of Ukraine, as well as Art. 14 and 370 of the Civil Code of Ukraine regarding the mandatory execution of court decisions. Simply put, you will no longer be faced with an illegal restriction on the size of your pension and will be able to receive the pension you are entitled to by law.

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