Chapter 1. Observing social rights The said Resolution also does not regulate the repayment of debt to the heirs in case of death of the pension recipient. At the same time, the legitimacy of the procedure for repayment of arrears of pension payments by court decisions approved by the Resolution of the Cabinet of Ministers of Ukraine #649 of 22 August 2018 remains unclear, as according to the decision of the District Administrative Court of the city of Kyiv of 12 November 2019 in case #640/5248/19 it was found unlawful and revocable. This court decision is appealed in accordance with the procedure established by law. In general, the Government had to take appropriate measures in 2019 to comply with the ECtHR judgment of 12 October 2017 in case #46852/13 Burmych et al. v. Ukraine. Draft laws submitted on this matter to the Verkhovna Rada of Ukraine of previous convocation have been withdrawn. Implementation of judgments of the Constitutional Court of Ukraine on restoration of privileges and state guarantees to different categories of citizens Another problem is the failure of the Government to enforce a number of judgments of the Constitutional Court of Ukraine adopted in previous years – in particular, on the need to renew privileges for citizens affected by Chornobyl disaster (judgment #6-r/2018 of 17 July 2018 in the case upon constitutional submission of 50 MPs of Ukraine on conformity of sub-items 2-7, 12 and 14 of item 4 of Section I of the Law of Ukraine “On Amendments and Declaring Invalid Certain Legislative Acts in Ukraine” #76-VIII of 28 December 2014 with the Constitution of Ukraine), to the veterans of the war (decision #12-r/2018 of 28 December 2018 in the case upon constitutional submission of 50 MPs of Ukraine regarding the conformity of item 9 of Section I of the Law Of Ukraine “On Amendments and Declaring Invalid Certain Legislative Acts in Ukraine” #76-VIII of 28 December 2014 with the Constitution of Ukraine (case on social protection of war veterans and members of their families). In practice, the respective public authorities continue to apply the rules of legislation that were declared unconstitutional. The problem is caused by the fact the effective legislation lacks a clear mechanism for enforcement of the decisions of the Constitutional Court of Ukraine. Consequently, there are different approaches to addressing this issue. In 2019, UAH 100.0 Million were allocated from the State Budget to make payments for the execution of court decisions (Resolution of the Cabinet of Ministers of Ukraine #544 “On Amendments to the Budget of the Pension Fund of Ukraine for 2019” of 26 June 2019, the money are used in full as they were transferred to the debtors so that they repay their debts. Most money was paid in the second half of 2019. As of year-end, the PFU was reviewing the decisions of the courts that came to the PFU bodies in 2015. In 2019, the Commission established by the PFU on the payment of arrears of pension payments by court decisions concluded that there were reasonable grounds to pay money under 15,890 court decisions. As of 1 February 2020, 32,376 court decisions totalling UAH 644.5 Million are recorded in the Register of Court Decisions which are implemented under a separate budget programme. 5 25 CHAPTER 1 the arrears resulting from the awarding/recalculation of pensions for execution of court decisions made after 1 January 2013 at the expense of the funds that the State Budget allocates to the PFU for this purpose. However, it did not provide the pensioners with an opportunity to receive arrears as requested by the court decisions as soon as possible, since the procedure defined by it was long-lasting5, as evidenced by the dynamics of debt repayment according to PFU (see Annex 1.3).