PROBLEMS OF MILITARY PENSION PROVISION IN UKRAINE AND WAYS TO SOLVE THEM: LEGAL, SOCIO-ECONOMIC AND COMPARATIVE ASPECTS

Abstract

The article provides a comprehensive and in-depth scientific and legal analysis of the current state of the pension provision system for military personnel in Ukraine, operating under the extraordinary challenges of martial law and permanent financial and economic instability. The subject of the research is the deep-seated law enforcement collisions arising from the implementation of the Law of Ukraine No. 2262-XII «On Pension Provision of Persons Discharged from Military Service and Certain Other Persons.» Particular emphasis is placed on the problem of «pension scissors» – the disparity in payments between pensioners discharged in different years – as well as the acute debates regarding the inclusion of additional monetary allowances, specifically «combat» payments under Cabinet Resolution No. 168, in the pension calculation base. The author analyzes the evolution of legal positions of the Grand Chamber of the Supreme Court during 2018–2025, particularly in cases concerning the unlawfulness of applying «reduction coefficients» and limiting the maximum pension amount. The impact of government initiatives (specifically Cabinet of Ministers Resolution No. 1 of 2025) on the level of social protection for veterans and their compliance with constitutional guarantees is critically assessed. Significant attention is paid to comparative analysis. By comparing the Ukrainian solidarity model with the pension systems of NATO member states (specifically the Blended Retirement System in the USA and the defined benefit model in Poland), conceptual flaws in domestic legislation are identified. The necessity of abandoning «manual» regulation of pension recalculation in favor of automated algorithms is argued. Based on the research results, a concept of legislative changes aimed at restoring trust in state institutions and ensuring the principle of legal certainty is developed.