Supreme Court's Formal Submission
On January 23, 2026, the Plenum of Ukraine's Supreme Court formally petitioned the Constitutional Court to declare certain caps on pension payments unconstitutional. This legal challenge targets Article 46 of the State Budget Law, along with Government Decrees No. 1 and No. 1778. Legal experts are now advising retirees to file lawsuits and specifically request that court judgments be enforced as 'debt collection' from the state.
The Pension Fund's Financial Dilemma
The Ukrainian Pension Fund frequently acknowledges its debt to pensioners but fails to make payments, citing a lack of available funds. In such cases, the State Treasury Service holds the authority to forcibly withdraw money from the Pension Fund's accounts. This shift to a 'debt collection' enforcement model transfers the initiative from the Pension Fund to the Treasury, which does not wait for the Fund's voluntary compliance and can seize funds as soon as they are deposited.
Lawyer Dmytro Korsun remarked: 'The judiciary is finally saying no to the government's attempts to save money at the expense of citizens in violation of the Constitution.'
He further emphasized that a 'debt collection' order alters the enforcement procedure for court rulings, potentially granting pensioners faster access to their owed money. This legal development could significantly impact Ukraine's entire pension payment system, which has been under strain. The move highlights an ongoing struggle within Ukraine's institutions to uphold social guarantees amid fiscal constraints.
The Supreme Court's petition represents a crucial step in defending pensioners' rights, as a ruling of unconstitutionality could force the government to revise its budgetary policy. If the Constitutional Court supports the submission, retirees may gain a mechanism to swiftly recover debts accumulated due to payment delays. Such a change holds the potential to improve the financial stability of many Ukrainian citizens who depend on their pensions for subsistence.