Pensions to citizens victims of the Chernobyl nuclear power plant accident should be paid in the amount provided for by a special law, and not depending on the availability of money from the state, as recorded in the Budget Code.
This decision was made by the Constitutional Court of Ukraine in plenary meeting on September 13, according to the Court’s website.
— The court notes that social guarantees for this category of persons, in particular, the amount of their pension provision, should be established by the legislator exclusively in Law No. 796 (“On the status and social protection of citizens affected by the Chernobyl disaster” dated February 28, 1991 . – Ed.), – the message says.
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The court also ruled that the amount of a disability pension resulting from injury or illness, and a pension in connection with the loss of a breadwinner due to the Chernobyl disaster, cannot depend on the available financial resources of the state and local budgets, as well as the budgets of compulsory state social insurance funds.
— Such pensions must be paid in the manner and amount determined by law. At the same time, the size of pensions cannot be adjusted by the Cabinet of Ministers of Ukraine depending on the available financial resources, — emphasized in the Constitutional Court.
So, the Court found paragraph 26 of Section VI “Final and Transitional Provisions” Budget Code regarding the application of Article 54 of Law No. 796.
The judge-reporter for this case was Viktor Kichun. The text of the decision and its summary will be published on the official website of the Court on September 14, 2023.
Legislation on the payment of pensions to victims of the Chernobyl disaster
Law No. 796 defines four categories of persons who suffered as a result of the Chernobyl disaster for the establishment of benefits and compensation.
The procedure for appointing state and additional pensions for persons classified in category 1 are regulated by articles 50, 54 of Law No. 796.
According to Article 54 of Law No. 796, a state pension is determined for persons classified in category 1 and in connection with the loss of a breadwinner. The same article establishes the amount of a disability pension for persons classified as category 1, which occurred as a result of injury or illness as a result of the Chernobyl disaster.
The Cabinet of Ministers determines only the procedure for assigning such a pension.
However, paragraph 26 of section VI “Final and transitional provisions” The Budget Code contains other regulation of this issue. And it actually deprives persons classified in category 1 of the opportunity to be confident of receiving a guaranteed state pension. After all, their payments depend on the financial capabilities of the state.
Recall that from March 1, the minimum pension payment in Ukraine increased.
In March 2023, Ukraine increased the minimum pension payment for persons with disabilities for which a causal connection of disability with the Chernobyl accident has been established, as well as participants in the liquidation of the consequences of the Chernobyl accident.
Sources: Constitutional Court of Ukraine, Economic Truth
