The constitutional court abolished the increase in the retirement age to employees of hazardous industries

Конституционный суд отменил повышение пенсионного возраста работникам вредных производств

The Parliament will have to reconsider the decision related to raising the retirement age to employees of hazardous industries, which was made in 2015. It was deemed inconsistent with the Constitution of Ukraine.

The constitutional court of Ukraine ruled unconstitutional the provisions that provided for a phased increase in retirement age for certain categories of persons, the press service of the court on Friday, January 24.

“The Grand chamber of the constitutional court of Ukraine adopted a decision on the case on the constitutional representation of 49 people’s deputies of Ukraine concerning compliance of the Constitution of Ukraine (constitutionality) of separate provisions of section I, paragraph 2 of section III “Final provisions” law of Ukraine “On amendments to some legislative acts of Ukraine concerning pensions” from March 2, 2015 No. 213-VIII”, – stated in the message.

The COP recognized the unconstitutional provisions to increase the retirement age for certain categories of persons. we are Talking about a phased increase to 5 years of age for retirement on preferential terms, with appropriate seniority and retirement for years of service for people who work in hazardous enterprises.

The court proceeded from the fact that workers who worked in hazardous conditions, agreed to this work because of the possibility of obtaining private benefits and had an objective expectation that they have the right to retire on a pension on the conditions determined by the law of Ukraine “On pension provision” dated November 5, 1991 № 1788-XII.

“After the amendments by law No. 213, of their right to retirement subject to certain conditions narrowed. Specified the constitutional court of Ukraine interpreted as a deterioration of their legal provisions on the right of a pension. In addition, the Court decided to close the constitutional proceedings in the part concerning the approval of people’s deputies on the unconstitutionality of the other contested provisions in connection with their discrepancy to requirements of the law of Ukraine “On the constitutional court of Ukraine”, – is told in the decision of the court.

The decision of the constitutional court is binding, final and thus cannot be appealed.

Earlier, on 2 March 2015, Council has made changes to pension legislation, which provide for a gradual increase of five years the preferential pension age for women, as well as increasing by five years of insurance, and in some professions and special experience for persons who are entitled to pensions for work in harmful and especially harmful working conditions and retirement for years of service.

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