On the basis of the appeal of the opposition MPs, the Constitutional Court abolished the minimum age raised for 5 years by the Government of Yatsenyuk-Poroshenko for seniority retirement.
Under the guise of the so-called “pension reform” in 2015, the government of Yatsenyuk-Poroshenko has increased by 5 years the length of service for retirement to people on seniority. As a result, for example, doctors and teachers, who until 2015 retired due to the length of service after 25 years of relevant special experience, were required to work by profession for 27.5 years in 2019 and 30 years in 2024. Moreover, people were deprived of the right to receive their pension before reaching the age of 55. In addition, for 5 years, the length of service has been increased for pilots, dancers, workers in hazardous industries, athletes, etc., to enter to preferential pension.
In response to the appeal of 45 MPs on June 4, 2019, the Constitutional Court found this decision of the Cabinet of Ministers unconstitutional and returned the norms of the law “On Pension Security”, which operated before the “reform”.
One of the opposition leaders, Oleksandr Vilkul, said: “For five years, the power has been making fun of people, adopting the so-called “reforms”, and in fact anti-human experiments, like the pension scheme. Since 2016, we have fought to protect people, appealed to the Constitutional Court. For three years, the government has been blocking the adoption of a fair resolution of the issue, but we have achieved the truth – the Constitutional Court abolished the minimum age for retirement on the basis of length of service. After the reboot of the parliament, we will cancel all the anti-human experiments that the authorities conducted in 2014-2019 over people and the country – medical, pension and educational “reforms”.
The court decision is attached - http://www.ccu.gov.ua/sites/default/files/docs/2_p_2019.pdf
The decision of the Constitutional Court, which entered into force on the date of its adoption, on June 4, 2019, is final and cannot be appealed.
“This is not our first victory over the anti-human decisions of the authorities,” Vilkul stressed. Earlier, the Constitutional Court returned social security to the Chernobyl victims, benefits-veterans, selected by the authorities, and also declared taxation of pensions unconstitutional. In addition, in December 2017, the Verkhovna Rada, at the request of the OPPOSITION BLOC, adopted the draft law No. 5722, according to which gas workers, rather than people, would pay for the installation of apartment meters for gas.
On June 4, 2019, the Constitutional Court, in its decision on the proposal of 45 MPs, including Oleksandr Vilkul and other representatives of the OPPOSITION BLOC faction, declared the provisions of paragraph “a” of Article 54, Article 55 of the Law “On Pension Security” unconstitutional. This provision established an additional condition for assigning a retirement pension – reaching the age of 50 for employees of the flight and flight test personnel, and 55 – for education, health care and social welfare workers, as well as artists of theatrical and concert and other entertainment establishments, enterprises and teams.
In accordance with the law “On Pension Provision”, retirement pensions are established for certain categories of citizens employed in work, the fulfillment of which leads to the loss of professional working ability or suitability until the age that gives the right to an old-age pension. That is, the loss of professional working ability or suitability is not related to the achievement of a certain age by the employee, therefore, it cannot be a condition for assigning a retirement pension.