The Constitutional Court of Ukraine recognized as unconstitutional the amendments to the Law of Ukraine " This was reported by the press service of the Court.

" 12. 2022 №3-р/2022.

Now the Verkhovna Rada has 3 months from the date of termination of martial law in Ukraine to bring this issue in line with the Constitution and the decision of the Constitutional Court.

In this case, a former civil servant applied to the Kalush joint department of the Pension Fund in the Ivano-Frankivsk region with a statement on the recalculation of his pension. However, his application was denied, citing the fact that the pensions granted on the basis of Art.. 37 of the Law "

The applicant appealed to the Constitutional Court with a complaint about the unconstitutionality of paragraph. 1 p. Section 2. XI "

From the date of entry into force of Law No. 889-VII, the pension provision of civil servants began to be normalized by the Law "

However, the Constitutional Court did not agree with such lawmaking, and indicated that one of the requirements of the rule of law principle is the requirement of legal certainty, which requires that legal norms be clear and precise, and that their goal is to ensure the predictability of situations and legal relations.. Therefore, a person has the right to expect the consistency and integrity of legislative activity.

In this case, civil servants had legitimate expectations regarding their pension provision based on the provisions of Art.. 37 of the law on public service No. 3723-XII, which was declared invalid.

Therefore, the COP recognized that. 1 p. Section 2. XI " 2 st. 3, hh. 1, 2 st. 8, h. 1 st. 24, art.. 46 of the Constitution in that he made it impossible to recalculate the amount of pensions assigned on the basis of Art.. 37 of law No. 3723-XII.

Recall that earlier the Pension Fund provided explanations about the trouble civil servants got into after changes were made to the legislation on civil service. And they even advised choosing a regular pension, because this is the only way for civil servants to have their pensions revised in accordance with inflation and the cost of living in the country..