The Constitutional Court of Ukraine defended the guarantee of a pension, which is the main source of livelihood, in an amount not lower than the subsistence minimum.
The decision was made on Wednesday, March 22, at the plenary session of the Second Senate. Earlier, Igor Lazurenko applied to the Constitutional Court, asking to determine the constitutionality of the prescriptions of several parts of Art. 70 of the Law of Ukraine “On Enforcement Proceedings”, art. 50 of the Law of Ukraine “On Compulsory State Pension Insurance”.
The court found the prescriptions inconsistent with the Constitution of Ukraine, since they exclude the possibility of paying a pension in the amount not lower than the subsistence minimum, assigned in the amount of the subsistence minimum established by law.
The challenged provisions of Law No. 1404, Law No. 1058, which establish the allowable percentage of deductions from the debtor’s pensions for foreclosure in enforcement proceedings, lead to the payment of a pension, which is the main source of livelihood, even in a smaller amount, from. Thus, a person was deprived of minimum social benefits and protection from poverty due to the enforcement of the decision, the CCU said in a statement on this matter.
The provisions of laws No. 1404 and 1058 are the state’s failure to fulfill its positive obligation to ensure minimum social protection for a person in accordance with the provisions of Part 3 of Art. 46 of the Constitution of Ukraine, which denies human dignity as an absolute value, levels out the essence of constitutional rights to social protection and an adequate standard of living for oneself and one’s family, therefore, does not comply with the provisions of Articles 1, 3, 8, 21, 28, 46, 48 of the Constitution of Ukraine.
Recall that the cost of living in 2023 is:
- per person per month – UAH 2,589;
- for children under 6 years old – UAH 2,272;
- for children from 6 to 18 years old – UAH 2,833;
- for able-bodied persons – UAH 2,684;
- for persons who have lost their ability to work – 2 thousand 93 UAH.
Recalculation of pensions in March April
In Ukraine, after the March indexation of pensions in April, they intend to increase payments to some more citizens. The recalculation will happen automatically, and Ukrainians do not need to apply anywhere.
As you know, on March 1, 2023, pensions for 10.5 million citizens were transferred in Ukraine as part of indexation. The recalculation concerned pensions for old age, disability, loss of a breadwinner. We also revised payments to military personnel and Chernobyl victims. At the same time, the next round of pension recalculation is expected in April, First Deputy Minister of Social Policy of Ukraine Daria Marchak said on the air of the telethon on Tuesday, March 21.
According to her, from April 1, pensions will be recalculated for pensioners who work and after the appointment of pensions continued to work and acquired at least 24 months of insurance experience.
The recalculation will be carried out automatically, that is, Ukrainians will not have to go to the Pension Fund and submit an application. As Marchak noted, the recalculation in 2023 will take place on the most favorable terms:
- or taking into account the length of service after the preliminary appointment (recalculation) of the pension;
- or taking into account the length of service and wages after the preliminary appointment (recalculation) of the pension.
In addition, according to Daria Marchak, from July 1, 2023, special pensions will be increased by 19.7%. That is, the state will transfer payments to 22.7 thousand civil servants, scientists and employees of local governments.
In March, according to the Pension Fund of Ukraine (PFU), the recalculation affected the most vulnerable categories of Ukrainians receiving payments:
- by disability;
- according to the age;
- for years of service:
- on the loss of a breadwinner.
Also indexed the size of the minimum insurance payments. This applies to:
- Chernobyl victims with disabilities;
- liquidators of the accident at the Chernobyl nuclear power plant
The amount of payments for this category of citizens is tied to the average salary for 2022. It is noted that the indicator of the average salary, from which insurance premiums were paid at the end of last year, is 13,387 UAH 48 kopecks.
Source: Racurs
I am David Wyatt, a professional writer and journalist for Buna Times. I specialize in the world section of news coverage, where I bring to light stories and issues that affect us globally. As a graduate of Journalism, I have always had the passion to spread knowledge through writing.