Ukrainian Constitutional Court Hears Chernobyl Survivors' Case Over Halted 2,361 Hryvnia Payments

Case Proceedings at the Constitutional Court

According to Конституційний суд: The Constitutional Court of Ukraine held a hearing on February 11, 2026, to consider the constitutional complaints of two pensioners, Oksana Fedorivna Melikova and Oleksiy Pavlovych Nevmerzhytskyi. The case challenges the constitutionality of Article 45 of Ukraine's 'Law on the State Budget of Ukraine for 2025' (No. 4059-IX of November 19, 2024). The specific provision under dispute terminated a monthly supplemental payment of 2,361 hryvnias for non-working pensioners residing in the relocation zones established after the Chernobyl disaster. This hearing is part of a long-running legal struggle for compensation by those affected by the 1986 nuclear accident.

The Pensioners' Situation

Oksana Melikova, a non-working pensioner recognized as a victim of the Chernobyl catastrophe, lives in a radioactively contaminated zone. She received the supplemental payment until 2015 under Article 39 of Ukraine's 'Law on the Status and Social Protection of Citizens Who Suffered as a Result of the Chernobyl Catastrophe' (No. 796-XII of February 28, 1991). Payments under this article were halted in January 2015 following Law No. 76-VIII of December 28, 2014.

However, in 2018, the Constitutional Court of Ukraine ruled that the cancellation of benefits under this law was unconstitutional. In October 2022, Melikova filed a lawsuit with the Rivne District Administrative Court, which ruled fully in her favor that same year. Despite this victory, the accrual of payments under the old rules was stopped again effective January 1, 2025, due to the enactment of the new State Budget Law (No. 4059).

Oleksiy Nevmerzhytskyi also resides in a radioactively contaminated zone in the Zhytomyr region. In 2021, the Zhytomyr District Administrative Court ruled in his favor. Yet, following the implementation of Law No. 4059 on January 1, 2025, his payments were also terminated.

Judge-Rapporteur Oleh Pervomaiskyi is overseeing the case and has sent inquiries to several higher education institutions, including the Vasyl Stefanyk Precarpathian National University, the Ivan Franko National University of Lviv, and the I.I. Mechnikov Odessa National University.

The Court is considering several petitions on this same matter. Oksana Melikova attended the hearing. The issue has generated significant public concern as it pertains to social payments for individuals affected by the Chernobyl disaster.

The Constitutional Court's review of this case is of critical importance for pensioners who suffered due to the Chernobyl catastrophe.

A revision of the legislation governing these payments could lead to changes in social standards and improved living conditions for those who endured the disaster's consequences. Amid ongoing uncertainty over pension entitlements, the Court's decision could significantly impact the welfare of thousands of Ukrainians.