A resident of Lviv is unable to process his pension due to discrepancies in the spelling of his last name in his passport and work record book, as ruled by the court.

The Pension Fund denied a man’s request for old-age pension assignment. It turned out that there were discrepancies in the spelling of his surname in his passport and employment record book. This is noted in the decision of the Frankivsk District Court of Lviv, published on February 17, 2025.

The man had approached the Main Department of the Pension Fund of Ukraine in the Transcarpathian region and the Main Department of the Pension Fund in the Kirovohrad region regarding the assignment of his old-age pension. However, his request was denied due to discrepancies in the spelling of his surname in his passport and employment record book. Because he was unable to make amendments to his employment record book to confirm his work experience, he found it necessary to file a lawsuit to establish the fact of ownership of the legal document.

"According to the copies of the decisions denying pension assignment from the Main Department of the Pension Fund of Ukraine in the Transcarpathian region dated November 25, 2024, and the decision from the Main Department of the Pension Fund in the Kirovohrad region dated December 31, 2024, the applicant was denied pension assignment under Article 26 of the Law of Ukraine 'On Mandatory State Pension Insurance' due to lack of required work experience. The basis for the denial is, in particular, the inconsistency in the spelling of the applicant's surname in his passport and employment record book dated July 17, 1978," - it is stated in the case materials.

What did the court decide?

The man's claim was partially granted. The court established the fact that he, according to his passport, which, in accordance with the employment record book dated July 17, 1978, is presented in the Russian language version, is the same person who owns the mentioned documents.

"The court found that establishing this fact has legal significance for the applicant and directly affects his rights, interests, and obligations, particularly regarding the accounting of his work experience when assigning a pension. There is no evidence in the case materials that would indicate the unreasonableness of the application to establish the fact of ownership of the legal document or refute the arguments presented by the applicant in the application. Considering the explanations provided by the applicant during the court session and the examined documents, the court believes it is established that the discrepancies in the spelling of the applicant's surname in the passport and employment record book arose from an incorrect translation of his surname from Russian to Ukrainian," - emphasized the court.