A resident of Kharkiv is seeking 79,952 UAH from the Pension Fund due to unpaid pension benefits. Here’s the court's decision on the matter.

The man is registered with the Main Directorate of the Pension Fund of Ukraine in the Kharkiv region but does not receive part of his pension payments. He is demanding the recovery of unpaid pension payments amounting to 32,296 hryvnias and moral damages of 41,656 hryvnias, totaling 79,952 hryvnias. This is stated in the decision of the Dzerzhynskyi District Court of Kharkiv (the legal name of the court), published on January 29, 2024.

The man receives a pension for years of service according to the Law of Ukraine "On Pension Provision for Persons Dismissed from Military Service and Certain Other Persons" as a person dismissed from military service and is registered for pension with the Main Directorate of the Pension Fund of Ukraine in the Kharkiv region. Since September 23, 2010, he has not received part of his pension payments that are due to him following the enactment of the Ministry of Defense order dated July 28, 2008, No. 377.

By the court ruling dated April 30, 2013, in case No. 2012/9355/2012, the inaction of the Main Directorate of the Pension Fund of Ukraine regarding the refusal to recalculate the pension was recognized as unlawful, and the Main Directorate of the Pension Fund was ordered to conduct a recalculation from August 1, 2008, to the date of the recalculation and to pay the pension considering the increase. According to the ruling of the Kharkiv Administrative Court of Appeal dated July 8, 2013, the ruling of the October District Court of Kharkiv dated April 30, 2013, in case No. 2012/2a-9355/12, regarding the satisfaction of the citizen's claims for the Main Directorate of the Pension Fund of Ukraine to provide information on the amount of monetary compensation for the pension recalculation from August 1, 2008, to September 22, 2010, was canceled. The administrative claim in this part was left without consideration. In other parts, the ruling of the October District Court of Kharkiv dated April 30, 2013, in case No. 2012/2a-9355/12, was left unchanged. By the ruling of the Higher Administrative Court of Ukraine dated January 28, 2014, the ruling of the October District Court of Kharkiv dated April 30, 2013, in case No. 2012/2a-9355/12, was amended by the determination of the Kharkiv Administrative Court of Appeal dated July 8, 2013. In execution of the court ruling dated April 30, 2013, the Main Directorate of the Pension Fund conducted a pension recalculation. The additional payment for the period from September 23, 2010, to February 28, 2014, as per the court's decision, amounts to 17,250 hryvnias, which is confirmed by the calculation of the Main Directorate of the Pension Fund dated March 4, 2014, No. 71.

Furthermore, by the court ruling dated November 10, 2011, in case No. 2012/2a-3946/11, the inaction of the Main Directorate of the Pension Fund, which consisted of the failure to take measures aimed at recalculating the pension for the plaintiff, was recognized as unlawful. The Main Directorate of the Pension Fund was obliged to recalculate the assigned pension for the man and ensure its payment. By the ruling of the Kharkiv Administrative Court of Appeal dated June 5, 2012, the ruling of the court dated November 10, 2011, in case No. 2012/2a-3946/11, was upheld. In execution of the ruling of the Kharkiv court dated November 10, 2011, in case No. 2012/2a-3946/11, the Main Directorate of the Pension Fund conducted a pension recalculation. The additional payment for the period from January 2011 to February 2013, according to the court's decision, amounted to 15,046 hryvnias, as confirmed by the calculation of the Main Directorate of the Pension Fund dated November 22, 2012, No. 2439, and the calculation dated February 26, 2013, No. 503. Consequently, the unlawful actions of the Main Directorate of the Pension Fund caused the citizen material damage in the form of unpaid pension payments amounting to 32,296 hryvnias. The applicant also believes that he suffered moral damage, which consists of the violation of his property rights - he is unlawfully deprived of part of his property in the form of funds totaling 47,656 hryvnias.

What decision did the court choose?

The court denied the man’s claim. The corresponding court decisions established the fact of violation of his rights and obligated the Main Directorate of the Pension Fund in the Kharkiv region to pay the plaintiff the amounts due. Currently, the execution of these decisions is ongoing, and the court has not been provided with evidence indicating the impossibility of recovering the awarded amounts from the debtor.

"The Pension Fund Administration does not object to the possibility of paying the amounts due to the plaintiff if the appropriate funding is available, thus the defendant did not miss the opportunity to receive these funds. Under these circumstances, the unpaid debt cannot be considered as material damage caused to him, as he did not miss the opportunity to obtain the amounts awarded to him. A repeated recovery of these funds is not permissible, as it does not deprive him of the right to receive the amounts due to him according to the previously made court decision in the manner established for the execution of court decisions. Since the court did not establish grounds for compensation of material damage, it is thereby recognized that there were no unlawful actions by the defendant for the non-payment of the amounts due to the plaintiff. Under these circumstances, the court finds no basis for recovering moral damages from the Main Directorate of the Pension Fund in favor of the plaintiff,” the court emphasized.