Ruling by the Constitutional Court of Ukraine
On June 24, 2026, the Constitutional Court of Ukraine issued Decision No. 5-р(ІІ)/2026, addressing the constitutionality of a provision within the Law on Compulsory State Pension Insurance as amended by the law dated October 3, 2017. The ruling was discussed during an online lecture, focusing on the retroactive application of the law, its scope and implementation in pension matters, as well as an examination of constitutional principles and European standards.
The Case of Viktor Valeriyovych Prykhodko
The case involved a constitutional complaint filed by Viktor Valeriyovych Prykhodko, challenging the first paragraph of Clause 13-1 in Section XV 'Final Provisions' of the Law of Ukraine 'On Compulsory State Pension Insurance' dated July 9, 2003 (No. 1058−IV), as amended by the October 3, 2017 law (No. 2148–VIII). The Constitutional Court ruled this provision unconstitutional, noting it had lost legal force. The 2017 amendment applied to legal relations arising from October 1, 2017, onward.
In December 2017, the court ordered a pension recalculation for Prykhodko at 90% of his monthly salary without any maximum cap. However, starting July 1, 2018, his pension payments were significantly reduced under the new legislative framework. Following rejections by administrative courts, Prykhodko submitted his constitutional complaint.
During the case review, the Court considered guidance from the European Social Charter, opinions of the Venice Commission, decisions of the European Committee of Social Rights, and rulings of the European Court of Human Rights. Judge Oleksandr Vodyannikov provided a separate opinion on the ruling.
The event was attended by a diverse group including:
- members of the National School of Judges of Ukraine
- practicing lawyers
- attorneys
- prosecutors
- judges
- academics
- university professors
- postgraduate students
- university students
- participants of the Minor Academy of Sciences
Discussion topics included the predictability of legislation in areas such as privatization, state property leasing, and investment activities.
"When laws affect sensitive social relations, lawmakers must provide individuals with adequate time to adjust to regulatory changes." — Oleg Pervomayskyi
This Constitutional Court decision holds significant implications for Ukraine's pension system by reaffirming the importance of constitutional adherence and compliance with social protection standards. The case highlights the critical need for legislative stability and predictability, essential for citizens dependent on pension benefits. Looking ahead, this ruling may influence the development of new pension legislation and enhance the social safety net for the population.