Learn more: Can retirees influence the size of their pension?

The Constitutional Court of Ukraine, at the request of the Supreme Court, is considering the legality of limiting the maximum amount of pensions in Ukraine to the ten subsistence minimum established for persons who have lost the ability to work. Now this limit is 23.6 thousand UAH. Respondents say retirees have a chance to increase their payments Focus experts.

The Supreme Court’s appeal to the Constitutional Court was filed after the Kirovograd Regional Administrative Court ruled that the limitation of the maximum pension was contrary to two articles of the Constitution. writes about this Focus in the new article “Pension without restrictions. How will payments change if the court removes maximum restrictions on pensions?”

As I told you Focus Lawyer Elena Voronkova of the Law Firm “Ivan Khomich” has developed a well-established judicial practice since 2011, according to which all claims of pensioners regarding the recognition by the courts of illegal restrictions on the maximum amount of general pensions are considered groundless. “However Kirovograd Regional Administrative Court boldly departed from established practice in 2021 and ruled that it was illegal to limit the maximum amount of “civilian” pensions allocated under the Law of Ukraine “On Pensions”. After a long trial, the Supreme Court submitted a constitutional application to the Constitutional Court of Ukraine regarding the conformity of Article 21, the third part of Article 22, the first part of Article 24, Articles 46 and 64 of the disputed legislature of the Constitution of Ukraine. “According to the provision that the maximum pension cannot exceed the minimum subsistence amount determined for people who have lost their ability to work,” he said.

Elena Voronkova believes that therefore pensioners have the opportunity to receive payments without limiting the maximum amount. “As practice in recent years has shown,” the lawyer continues, “ The Constitutional Court of Ukraine pays increasing attention to inequality of status “Detects and recognizes the deterioration of people’s conditions in connection with the adoption of new laws, depending on their type of pension, and protects the rights of complainants in such cases.”

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Therefore, according to Voronkova, the Supreme Court of Ukraine, thanks to the practices of the Supreme Court and the Constitutional Court of Ukraine, imposing restrictions on the pensions of representatives of law enforcement agencies can be considered illegal and considered the territorial body of Ukraine. The Pension Fund of Ukraine may be obliged to pay the appropriate amount of pension. “In addition, the state has finally begun to pay more attention to the current situation in the country, and there is no maximum retirement limit for military personnel who retire after April 2023 and have the status of combatants or war-disabled people,” said Lawyer’s Office “Ivan Khomich”.

What should we do if the Constitutional Court considers the restriction of pensions to be illegal?

If the Constitutional Court considers retirement limitations illegal, people who meet the criteria defined in the Constitutional Court decision and whose pensions are limited to the maximum amount, To pay a pension without restrictions, contact the regional departments of the Pension Fund Maximum size drew attention to Elena Voronkova.

“The second way is to defend, through the court, their right to receive pensions in the appropriate amount, citing the decision of the Constitutional Court of Ukraine, as the example of law enforcement retirees shows,” he added.

Retirees who receive a negative court decision will need to apply to the court to reconsider the decision.

As noted in the Law Firm of Ivan Khomich, retirees who have already gone through trials but received negative court decisions will need to appeal to the court that is considering their case for a review of the decision due to exceptional circumstances and to receive their positive response. court order . If the Constitutional Court of Ukraine makes a decision not in favor of retirees, it will be necessary to look for new reasons to appeal to the courts.

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Let us also remind you that Ukrainians who are abroad, have reached retirement age, and do not intend to return to their country due to a large-scale war can apply for retirement payments remotely. To do this, you need to use the web portal of the Pension Fund of Ukraine.

Moreover Focus He wrote that the average pension in Ukraine as of the beginning of 2024 is 5.4 thousand hryvnia. At the same time, there are retirees who receive a salary of 1.2 thousand per month, while the salary equivalent to a judge’s pension is almost 100 thousand.

Source: Focus

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