Court Removes Maximum Pension Limit for a Chornobyl Disaster Liquidator

In today’s environment, social security, including pension provision for vulnerable groups, is an important aspect of the protection of human rights. Certain categories of people, including those affected by the Chornobyl disaster, are entitled to special social protection. However, the complexity and inconsistency of pension legislation can result in restrictions on these rights, making it necessary to seek judicial protection. In such circumstances, professional legal representation by a pension lawyer can play a crucial role. Below, we examine a case in which legal proceedings helped restore the pension rights of a person affected by the Chornobyl disaster.

The judgment of the Ivano-Frankivsk District Administrative Court concerned a claim filed by Yevhen Mykolaiovych Borodych against the Main Department of the Pension Fund of Ukraine in the Ivano-Frankivsk Region. The claimant sought to have the Pension Fund’s decision limiting his pension to ten subsistence minimums declared unlawful and to require the Pension Fund to recalculate and pay his disability pension in full, without applying the maximum pension limit.

The claimant, who participated in the liquidation of the consequences of the Chornobyl disaster, relied on the Decision of the Constitutional Court of Ukraine dated 20 March 2024. According to this decision, the statutory restriction on the maximum amount of pension applicable to the relevant category of persons affected by the Chornobyl disaster was declared unconstitutional.

A lawyer from the Pension Center played a key role in achieving a favorable outcome by taking the following important steps:

1. Preparation of a well-founded administrative claim. The lawyer provided detailed legal grounds for challenging the Pension Fund’s decision, emphasizing that the restriction on the maximum amount of the pension was unconstitutional in light of the Decision of the Constitutional Court of Ukraine.
2. Comprehensive legal argumentation. In the submissions to the court, the lawyer relied on the Constitutional Court’s conclusions concerning the constitutional protection of social guarantees for persons affected by the Chornobyl disaster. These arguments were used to substantiate the claimant’s right to receive the pension without the disputed maximum limitation.
3. Efficient handling of documents through the Electronic Court system. The claim and other procedural documents were submitted electronically, facilitating efficient communication with the court and the timely processing of the case.
4. Legal arguments concerning the effect of the Constitutional Court’s decision. The lawyer demonstrated that the Constitutional Court’s decision concerning the pension limitation became effective from the date of its adoption, providing legal grounds for the claimant to receive his pension without the unconstitutional maximum limit.

The court agreed with the legal position presented on behalf of the claimant and granted the claim. The Pension Fund was ordered to recalculate and pay the pension without applying the maximum pension limitation from 20 March 2024. This case demonstrates how professional legal representation can help protect pension rights and secure the restoration of social guarantees through administrative court proceedings.