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Publication date: 17.03.2025
Vitalii Bilychenko is a lawyer in Poland and Germany with over 20 years of experience. Specializes in litigation, bankruptcy, immigration, and corporate law. Provides legal support for businesses and individuals, ensuring effective protection of their rights at the international level.
Legal Resolution of the Issue of Recognizing Employment History
The recalculation of pension payments is one of the most pressing issues for pensioners, as the amount of their benefits directly depends on the correctly accounted insurance period. Often, the Pension Fund of Ukraine (PFU) refuses to recalculate pensions, citing the absence of supporting documents or missed deadlines for their submission.
In this case, the plaintiff was a disabled pensioner who applied to the Pension Fund for the recognition of additional certificates confirming employment history, which could affect the amount of disability pension. However, the PFU refused to recalculate the pension, arguing that the documents had not been submitted earlier.
A lawyer prepared a lawsuit challenging this refusal and demanding that the Pension Fund be ordered to recalculate pension payments while considering the newly provided documents.
The court proceedings in this case highlighted systemic issues in Ukraine’s pension system, particularly the difficulty pensioners face in proving their employment history when original documents are lost or destroyed.
Legal Actions Taken
- Analyzing pension legislation and developing a legal strategy
- Preparing and filing a lawsuit with the administrative court
- Collecting evidence to prove the illegality of the PFU’s refusal
- Representing the plaintiff in court
- Legally justifying the validity of the additional employment documents
Key Stages of the Case
- Legal consultation – assessment of the client's legal position and collection of evidence
- Lawsuit preparation – drafting legal documents and submitting them to the court
- Court proceedings – representing the plaintiff’s interests in court
- Court ruling – decision in favor of the pensioner
- Enforcement of the decision – ensuring compliance with the court ruling and pension recalculation
Key Aspects of the Case
Protection of social rights – the court ordered the Pension Fund to recognize additional employment periods as part of the insurance period
Recognition of the Pension Fund’s unlawful actions – the refusal to recalculate was declared illegal
Financial impact – the plaintiff’s pension was increased due to the inclusion of additional work history
Frequently Asked Questions
Питання
Can a pension be recalculated if documents were submitted late?
Відповідь
Yes, if the delay in submitting documents was due to objective reasons, the Pension Fund is legally obligated to review them.
Питання
Can the Pension Fund’s refusal be challenged in court?
Відповідь
Yes, if the PFU unlawfully denies a pension recalculation, its decision can be appealed in an administrative court.
The court ruling in case No. 200/6253/24 confirmed the right of the pensioner to have their pension recalculated based on newly submitted employment records. This sets an important precedent that underscores the necessity of ensuring citizens' social rights and holding the Pension Fund accountable for properly reviewing all submitted documents.
This case demonstrates that pensioners have effective legal mechanisms to defend their rights and that appealing wrongful PFU decisions in court can yield positive results. The ruling emphasizes that citizens should not lose part of their pension benefits due to bureaucratic barriers or legislative gaps in the pension system.
Thus, the successful appeal of the PFU’s refusal in court is not only a personal victory for the plaintiff but also an important step toward strengthening social justice in Ukraine.
