On 28 March 2024, academic staff and higher education students of the School of Law took part in a thematic online lecture by judges of the Constitutional Court of Ukraine Halyna Yurovska and Viktor Horodovenko on the topic "Legal positions of the Constitutional Court of Ukraine on the guaranteed level of social protection of citizens affected by the Chernobyl disaster in the context of the Decision of 20 March 2024".
At the beginning of the event, the judges reminded the participants of the general principles enshrined in Section I of the Constitution of Ukraine, noting that everyone has the right to a safe environment for life and health and to compensation for damage caused by a violation of this right. Everyone is guaranteed the right of free access to information about the state of the environment, the quality of food and household items, as well as the right to disseminate it. Such information cannot be classified by anyone (Article 50 of the CC).
Judge Halyna Yurovska noted that on 20 March 2024, the Second Senate at its plenary session adopted a decision in the case on the constitutional complaint of Vasyl Ivanovych Atamanchuk regarding the compliance with the Constitution of Ukraine (constitutionality) of the provisions of Article 2 of the Law of Ukraine "On Measures to Legislatively Ensure the Reform of the Pension System" of 8 July 2011 No. 3668-VI, the first sentence of part three of Article 67 of the Law of Ukraine "On the Status and Social Protection of Citizens Affected by the Chernobyl Disaster" of 28 February 1991 No. 796-XII. In resolving the issues raised in the constitutional complaint, the Constitutional Court of Ukraine concluded that the restriction on the maximum amount of pension (including allowances, increases, additional pensions, targeted financial assistance, pensions for special services to Ukraine, indexation and other pension supplements established by law, except for additional payments to certain categories of persons who have special services to the Motherland) of persons affected by the Chornobyl disaster, led to a violation of the essence of constitutional guarantees for the provision of social protection to these persons, which is a violation of the state's obligations arising from the content of Articles 3, 16, 50 of the Constitution of Ukraine in their interconnection.
"Following the consideration of the constitutional complaint, the Constitutional Court of Ukraine ruled that the provisions of Article 2 of Law No. 3668-VI in terms of the requirements to limit the maximum pension of persons affected by the Chornobyl disaster and covered by Law No. 796-XII, the first sentence of part three of Article 67 of Law No. 796-XII contradict the requirements of parts one and two of Article 8, part one of Article 41 of the Constitution of Ukraine," said Judge Viktor Horodovenko in concluding the event.
We sincerely thank the judges for the invitation and the opportunity to participate in this event. We look forward to further fruitful cooperation!