Constitutional Court of Ukraine Hears the Case
The Constitutional Court of Ukraine has reviewed a case based on a constitutional complaint filed by Petro Masiuk. The complaint challenges the legality of legal provisions that limit the indexation of pensions. Masiuk argues that these rules, which govern pension insurance and the 2023 State Budget, violate his constitutional right to social protection and the principle of equality before the law.
The case was heard on March 4, 2026, by the First Senate of the Constitutional Court, with Judge Yurii Barabash serving as the judge-rapporteur. The specific provisions under scrutiny are:
- Paragraph four, part two, Article 42 of the Law of Ukraine 'On Mandatory State Pension Insurance' (No. 1058-IV, dated July 9, 2003);
- Point 8 of the 'Final Provisions' section of the Law of Ukraine 'On the State Budget of Ukraine for 2023' (No. 2710-IX, dated November 3, 2022).
These norms were applied in a ruling by the Eighth Administrative Court of Appeal on July 30, 2025.
While the first paragraph of part two of Law No. 1058 mandates an annual pension recalculation every March 1, the contested fourth paragraph stipulates that the size and procedure for pension increases are determined within the Pension Fund's budget by the Cabinet of Ministers of Ukraine. Point 8 of Law No. 2710 specifies that in 2023, part two of Article 42 is to be applied in the manner defined by the Cabinet of Ministers. This case highlights the tension between statutory pension adjustments and executive budgetary control, a common issue in many economies.
Allegations of Discrimination and Next Steps
Petro Masiuk contends that the challenged provisions create discriminatory conditions compared to individuals whose pensions are calculated under the Law 'On Pension Provision for Persons Discharged from Military Service and Some Other Persons' (No. 2262-XII, dated April 9, 1992). The Second Panel of Judges of the First Senate has initiated constitutional proceedings regarding the constitutionality of Point 8 of Law No. 2710.
Following this, the Court proceeded to a closed-door plenary session. A video recording of the open session is available on the official website of the Constitutional Court of Ukraine.
The outcome of this case is of significant importance for Ukrainian pensioners, as it could influence the future mechanism and scale of pension indexation. The Constitutional Court's ruling may set a precedent for similar complaints and shape the legal framework for future amendments to social protection legislation. Therefore, monitoring the development of this case is crucial for those reliant on pension payments.