planned expenditure for the coming years, the accumulations in the state special
budget would be used up already in a couple of years.
3.2. The principle of protection of legitimate expectations following from
Article 1 of the Constitution does not restrict the legislator’s rights to deviate from the
previous practice, even if it has been stable. Such a deviation is not only acceptable but
also necessary in the cases when a more suitable and obviously more appropriate
solution has to be chosen.
Although the principle of protection of legitimate expectations has
constitutional value, protection of other persons' rights and social welfare has an equal
constitutional value, and it can be provided by efficient redistribution of common
wealth and balancing revenue and expenditure of the state. The principle of protection
of legitimate expectations does not mean that the laws cannot be changed. Otherwise
the regulating power of the state would gradually decrease until the operation of the
state would “freeze”.
3.3. Paragraph One of Article 3 of the Disbursement Law complies with Article
91 of the Constitution, since the purpose of social security benefits is to guarantee
means for living to persons when they cannot be actively involved in employment
legal relationships due to various reasons and thus to provide means for living by
themselves. Old age is one of the cases when a person receives social security benefits
– old-age pension. The differentiated amount of reduction in old-age pension for
employed pensioners compared to non- employed pensioners and pensioners with
other income is substantiated because employed pensioners have revenues from
employment alongside with the state old-age pension and can provide means for living
for themselves.
Different treatment of persons subject to the enactment contained in Paragraph
One of Article 3 of the Disbursement Law is proportionate to the benefit for the
society. The impugned provision helps to guarantee disbursements of social insurance
services, and the established restrictions of rights are balanced taking into account the
age of a person as a social risk that affects the ability of the person to provide means of
living for himself or herself.
Whereas employed pensioners and able-bodied persons in active employment
are not in an equal and comparable situation in accordance with Paragraph One of
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