Event Highlights Constitutional Court Ruling No. 3-r/2026
On July 2, 2026, Constitutional Court of Ukraine judges Viktor Horodovenko and Halyna Yurovska led a discussion centered on Ruling No. 3-r/2026, issued on May 19, 2026. The ruling examined the constitutionality of certain provisions in Ukraine's Law 'On the Organization of Labor Relations under Martial Law,' enacted on March 15, 2022. The Court declared unconstitutional a clause that had allowed employers to grant unused vacation days without pay to individuals under 18 and to persons with disabilities.
This event was part of a joint initiative between the Constitutional Court of Ukraine and the National School of Judges of Ukraine, launched in 2022. During the session, the judges thoroughly explained the content of Ruling No. 3-r/2026, which scrutinized legal provisions governing the granting and postponement of unused annual leave days until the post-war period. The ruling also addressed employers' authority to offer such unused leave days without retaining the employee's salary.
Safeguarding the Constitutional Right to Rest
The Court upheld constitutional rest guarantees for vulnerable worker categories, invalidating the provision found in the second sentence of paragraph two, part one, Article 12 of the Law. Under the decision, the minimum duration of paid annual leave for protected groups is set as follows:
- 31 calendar days for individuals under 18;
- 30 calendar days for persons with Group I and II disabilities;
- 26 calendar days for persons with Group III disabilities.
During martial law, the ban on granting full-length annual leave to those under 18 does not apply.
In its analysis, the Court noted that restrictions on the constitutional right to rest may be permissible under Article 64, Part Two of the Constitution of Ukraine. The judges examined the legal nature of the right to rest and its connection to the right to work, emphasizing the state's responsibility to protect human life and health.
A detailed explanation of the ruling is available in a video on official channels.
This decision underscores the importance of protecting vulnerable groups—particularly minors and people with disabilities—within labor relations under martial law. It also reflects the state's commitment to ensuring proper working and resting conditions for all citizens, even in difficult circumstances. The implementation of this ruling may shape future labor policies and social guarantees in Ukraine.