Legal Challenge to Pension Increase Limits
The Constitutional Court of Ukraine is hearing a case that could significantly impact the lives of millions of pensioners. On February 2, 2026, the Court's Second Senate reviewed a constitutional complaint filed by Petro Mykhailovych Masiuk. He is challenging provisions in the 2023 State Budget Law that allow the Cabinet of Ministers to limit pension indexation, specifically a cap that restricts the maximum monthly increase to 1,500 hryvnias. This case highlights ongoing tensions between fiscal policy and social protections in Ukraine.
The legal basis for the case stems from 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). This law governs the application of part two of Article 42 from the Law of Ukraine 'On Mandatory State Pension Insurance' (No. 1058-IV, dated July 9, 2003). Article 42 of Law No. 1058 stipulates that pensions must be recalculated annually starting March 1. The fourth paragraph of part two of this article authorizes the Cabinet of Ministers to determine the size and procedure for pension increases within the limits of the Pension Fund's budget.
Masiuk's Complaint and Its Implications
Petro Masiuk initially filed a suit with the Volyn District Administrative Court. He contested the inaction regarding the non-payment of his pension from March 1, 2023, which he argued should have been calculated at 74 percent using a coefficient of 1.197, without applying the 1,500 hryvnia maximum increase limit. The Volyn District Administrative Court ruled on the case on February 26, 2024. This ruling was later upheld by the Eighth Administrative Court of Appeal in a decision dated December 31, 2024. Subsequently, the Supreme Court refused to open cassation proceedings.
Masiuk's complaint to the Constitutional Court argues that the pension cap may violate the Court's own Ruling (No. 7-rp/2016) from December 20, 2016. The plenary meeting was attended by Maksym Dyrdin, the Permanent Representative of the Verkhovna Rada of Ukraine to the Constitutional Court. A video recording of the session is available for viewing in the 'Archive of Video Broadcasts of Meetings' section on the Court's official website.
The review of this complaint is of great importance for millions of Ukrainians, as the issue of pension indexation remains critical in the context of social protection for the population.
Maksym Dyrdin, Permanent Representative of the Verkhovna Rada of Ukraine to the Constitutional Court of Ukraine
The Constitutional Court's decision will influence not only the financial stability of pensioners but also the overall level of social security in Ukraine, potentially affecting the country's political landscape amid ongoing economic challenges.