Constitutional Court Proceedings
On May 6, 2026, the Second Senate of Ukraine's Constitutional Court examined a case based on a constitutional complaint filed by Olena Borysivna Spinchak. The case challenges the constitutionality of provisions in the state budget laws for 2022 and 2023. Specifically, it concerns the rules that set the subsistence minimum used to calculate a judge's base salary, as well as the monthly bonus paid to judges under the law on the judiciary.
During the open part of the plenary session, conducted in written proceedings, Judge-Rapporteur Halyna Yurovska reported that the applicant contests:
- Paragraph five of Article 7 of the Law of Ukraine 'On the State Budget of Ukraine for 2022' dated December 2, 2021;
- Paragraph five of Article 7 of the Law of Ukraine 'On the State Budget of Ukraine for 2023' dated November 3, 2022.
The contested provisions set the subsistence minimum for able-bodied persons at 2,102 hryvnias starting January 1, 2022, and again from January 1, 2023. This figure is used to determine the base salary amount for judges.
Additionally, Spinchak challenges a specific clause in part six of Article 135 of the Law of Ukraine 'On the Judiciary and the Status of Judges' dated June 2, 2016. This clause provides judges with a monthly supplement equal to 5 percent of their official salary, while court chairs receive 10 percent. The applicant argues that these rules violate her right to adequate financial support as a retired judge and conflict with several articles of Ukraine's Constitution.
Closed Plenary Session
The court has moved to a closed plenary session to deliberate and reach a decision. A recording of the hearing is available for viewing via the provided link.
This case carries significant weight for the legal status of judges in Ukraine, as the outcome on the subsistence minimum and bonus payments could affect the financial security of retired judges. The Constitutional Court's ruling may set a precedent for future legal evaluations of social standards and working conditions for judges, a key issue amid the country's broader judicial reform efforts.