Chernobyl surcharges: what and who is provided for?

In general, what are these surcharges and what are they provided for? This is an additional payment in the amount of two or three minimum wages to pensions for persons living in the territory of radioactive contamination. These are mainly people who live in the cities and villages of the Rivne, Zhytomyr, Volyn, Kyiv, and partially even Chernihiv regions, that is, those settlements that are included in the pollution zone: these are the 1st, 2nd, 3rd, and 4th and as they are called in the people. 

Timeline of payment

At first, an additional payment in the amount of two or three minimum wages was tried. What happened next? 

• In 2015, by amending Law No. 796, Article 39 was excluded, which provided for supplementary pension payments to non-working pensioners in the amount of two or three minimum wages. Accordingly, on July 17, 2018, the Constitutional Court of Ukraine, in case No. 6-r/2018, declared these changes illegal, as they violated the rights of pensioners and persons who suffered as a result of the Chernobyl disaster.
• On the basis of this decision of the Constitutional Court, the Grand Chamber of the Supreme Court, in its decision No. 240/4937/18 dated March 18, 2020, concluded that since the adoption of the decision of the Constitutional Court on July 17, 2018, the right to receive pensions was restored to unemployed pensioners who live in the territory of radioactive contamination, in the zone of guaranteed voluntary resettlement and in the zone of unconditional mandatory resettlement, based on Article 39 of Law No. 796.
• On the basis of this decision, the courts of lower instances, in particular the administrative courts of the Rivne, Zhytomyr, Volyn, Kyiv and Chernihiv regions, as well as the appeal courts (8th, 7th and 6th appeal administrative courts) satisfied the decision on payment to pensioners , who live in the polluted zone, pension supplements in the amount of two or three minimum wages, depending on the zone of residence. As of 2023, the amount of these surcharges amounted to approximately 13,000 hryvnias or 19,000 hryvnias, depending on the zone.
• Starting in 2023, some district administrative courts and courts of appeals changed their practice and began to satisfy non-working pensioners in the amount of living wages, rather than minimum wages. The basis for such decisions was that, according to Clause 3 of Chapter II "Final and Transitional Provisions" of the Law of Ukraine "On Amendments to Certain Legislative Acts" No. 1774-VIII, the minimum wage is not used as a calculation value for determining salaries, wages fees and other payments. This law was adopted later than Law No. 796, and therefore the courts used subsistence minimums as a calculation value. For example, a person who lived in the zone of guaranteed voluntary resettlement (the 3rd zone) received an additional payment in the amount of two subsistence minimums. 
• As a result of mass lawsuits by citizens of Zhytomyr, Volyn and Kyiv regions to the courts of appeal, this issue reached the Grand Chamber of the Supreme Court. The question was in what amount should pension supplements be paid - in the amount of minimum wages or living wages.

In this way, we can see that the status of the surcharge was changing and it is necessary to constantly monitor the state of the legislation.

Assistance of a lawyer in the matter of Chernobyl surcharges

Obtaining Chernobyl allowances and benefits for the disabled is a complex process that requires a correct understanding of the legislation and careful preparation of documents. A lawyer can greatly simplify this process by providing qualified legal support and representation of the client's interests in government bodies.

What is the help of a lawyer?

A lawyer who specializes in the social protection of citizens affected by the accident at the Chernobyl nuclear power plant can provide comprehensive assistance in solving issues related to Chernobyl surcharges and benefits. WaspThere are several key areas in which a lawyer can be useful:

Consultation regarding the right to Chernobyl surcharges and benefits for disabled people of the 2nd and 3rd groups, including the specifics of each category.

Assistance in the preparation and execution of the necessary documents for receiving the Chernobyl surcharge.

Representation of the client's interests in the social security authorities to protect the right to subsidies and other state payments.

Court appeal against refusals to grant subsidies or benefits.

Assistance in the appointment of additional benefits for the disabled, in particular those related to social benefits or medical care.

 Benefits for disabled persons of the 2nd and 3rd groups. Allocation of subsidy assignment for residents of Chernobyl

Disabled people of groups 2 and 3, injured as a result of the accident at the Chornobyl NPP, are entitled to a number of state benefits. 

1. These include discounts on utility services, free medical care, transport benefits and the possibility of receiving additional financial assistance. A lawyer can help implement benefits for the disabled of group 2, benefits for the disabled of group 3, including appeals against refusals to grant them.
2. One aspect in which a lawyer can help is the assignment of a subsidy. 
3. Often, the procedure for obtaining a subsidy for the disabled is complicated by bureaucratic obstacles or incorrect interpretation of legislation. The lawyer will be able to provide support in the preparation of documents and protect the client in case of refusal to grant the subsidy. 

It will tell you how to check gas subsidy, how to issue a subsidy. That is, the comprehensive question of the subsidy can be delegated to a specialist.

We invite you to our company for a consultation not only on Chernobyl surcharges. We know what a payment at the birth of a third child (birth), debts to housing and communal services, benefits and more!