On June 4, 2019, the Constitutional Court of Ukraine adopted Decision No. 2-р/2019 regarding the compliance with the Constitution of Ukraine (constitutionality) of certain provisions of the Law of Ukraine "On Pension Security".
By this decision, the Constitutional Court of Ukraine recognized as not in accordance with the Constitution of Ukraine (are unconstitutional) the provisions of point "a" of Article 54, Article 55 of the Law of Ukraine "On Pension Security" dated November 5, 1991 No. 1788-XII, as amended (hereinafter - the Law 1788), introduced by the laws of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding Pension Security" dated March 2, 2015 No. 213-VIII, "On Amendments to Certain Legislative Acts of Ukraine" dated December 24, 2015 No. 911-VIII.
The Constitutional Court of Ukraine notes that changes in the field of pension provision must be sufficiently substantiated, be carried out gradually, carefully and in a premeditated manner, be based on objective criteria, be proportional to the purpose of the change in legal regulation, ensure a fair balance between the general interests of society and obligations defend human rights with tongue, without violating the essence of the right to social protection.
In the Decision, it is noted that Law No. 911 establishes as an additional condition for awarding a pension for years of service the achievement of a certain age for certain categories of employees, in particular, reaching the age of 55 for employees of education, health care and social security.
According to Article 51 of Law No. 1788, seniority pensions are established for certain categories of citizens employed in jobs, the performance of which leads to a loss of professional capacity or fitness before reaching the age that gives the right to an old-age pension.
We are talking about work that has a direct impact on the employee's health and can lead to the loss of professional capacity (ability to perform work in the profession) before reaching the age that gives the right to an old-age pension.
Thus, the loss of professional capacity or fitness is not related to the employee reaching a certain age, therefore it cannot be a condition for the appointment of a pension for years of service.
The Constitutional Court of Ukraine proceeds from the fact that establishing as an additional condition for the appointment of a pension for years of service reaching the age of 55 for the persons specified in clauses "e", "g" of Article 55 of Law No. 1788 nullifies the essence of the right to social protection, does not meet constitutional principles of the welfare state and contradict the provisions of Articles 1, 3, part three of Article 22, and Article 46 of the Basic Law of Ukraine.
The Decision of the KSU also states that the legislator, having equalized the retirement age for men and women employed in the relevant jobs, which are associated with a harmful effect on health and lead to a loss of professional capacity or fitness before reaching the age that gives the right for an old-age pension, canceled special guarantees regarding labor protection and women's health and established special conditions for acquiring the right to a pension for years of service.
The decision of the Constitutional Court of Ukraine is binding, final and cannot be appealed.
