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Publication date: 07.05.2024
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A pension is a regular cash payment that individuals receive after reaching a certain age, loss of working capacity or as a result of other circumstances provided for by the laws of the country. Pensions are assigned in order to ensure a decent financial condition of persons at retirement age, as well as in case of loss of working capacity or other circumstances when a person cannot provide himself with sufficient income.
A pension system can have different types of pensions, such as old-age pensions, disability pensions, social pensions, etc. The size of the pension may depend on various factors, including the length of the insurance period, the level of earnings or other criteria established by law.
In general, the purpose of a pension is to provide financial support to individuals after the end of active working age or in the event of incapacity to work, so that they can live with dignity and security.
Lifting the maximum pension limit for veterans and combatants is an important step to ensure their social protection and recognition of their contribution to the defense of the country. This will allow them to receive pension benefits that are commensurate with their needs and contributions to the military.
The removal of pension restrictions limit also reflects the recognition by the Constitutional Court of Ukraine that limiting the maximum amount of pensions for veterans contradicts the principle of social protection and constitutional guarantees of citizens who participated in the defense of the country.
The decision of the Constitutional Court of Ukraine in case No. 3-102/2021 has a significant impact on social guarantees for veterans and combatants.This decision recognizes as unconstitutional the limitation of the maximum amount of pension for veterans, which was enshrined in the Law of Ukraine "On Measures for Legislative Support of Reforming the Pension System."
The Constitutional Court believes that this restriction violates the principle of unconditional provision of social protection for persons who participated in the protection of the sovereignty, territorial integrity and inviolability of Ukraine. This means that veterans and combatants are entitled to pension benefits commensurate with their contribution to the defense of the country, and their pension should not be artificially limited.
According to the decision of the Constitutional Court, it is the duty of the Verkhovna Rada of Ukraine to bring the legislation into line with this conclusion, providing veterans and combatants with high-level social guarantees arising from their special status and contribution to the country's defense.
After the cap is lifted, appropriate legislative changes must be made to establish new rules for the amount of pension payments for veterans and combatants. This may include the introduction of new criteria for determining the size of pensions, which will reflect not only general standards, but also the specific needs and contributions of each veteran to the defense of the country.
Overall, lifting the maximum pension cap is an important step to improve the social protection system for veterans and combatants, and it should be implemented as soon as possible, taking into account their needs and contributions to the military cause.
