A resident of Zaporizhzhia has been ordered to repay her unemployment benefit of 19,881 hryvnias. Here’s the court's decision.

A woman approached the employment center and received the status of unemployed. However, it was discovered that she is a full-time student, and therefore, the citizen is asked to return the unemployment benefits she received for the period from August 29, 2022, to January 26, 2023, totaling 19,881 hryvnias. This is stated in the decision of the October District Court of Zaporizhzhia, published on December 11, 2024.

On August 26, 2022, the woman submitted an application to the Zaporizhzhia City Employment Center for the provision (renewal) of the status of registered unemployed. By order dated August 26, 2022, the status of unemployed was granted, and the payment of unemployment benefits began from August 26, 2022, as an insured person depending on the insurance experience for a period of 270 calendar days in accordance with part 1 of Article 22, part 1 of Article 23, and paragraph 3-2 of Section VII of the Law of Ukraine "On Mandatory State Social Insurance for Unemployment." In her application for the provision of unemployed status dated August 4, 2022, she indicated and confirmed with her personal signature that she was not part of the employed population and was not studying in full-time education.

By order dated January 31, 2023, the woman’s unemployment benefits were terminated from January 27, 2023, due to the expiration of the payment period according to subparagraph 33 of Section VIII "Final Provisions" of the Law of Ukraine "On Mandatory State Social Insurance for Unemployment." Following the verification conducted, it was revealed that since September 1, 2022, she has been studying in full-time education at the State Educational Institution "Berdiansk Machine Engineering Vocational Lyceum."

"By order dated June 16, 2023, the respondent's registration as unemployed was terminated from June 15, 2023, due to the establishment of the fact that false data and documents were presented by the registered unemployed, on the basis of which the decision was made to grant her the status of registered unemployed, to assign unemployment benefits, and to provide services, according to paragraph 18 of subparagraph 32 of the Procedure for the registration, re-registration of registered unemployed persons and keeping records of job seekers, approved by the resolution of the Cabinet of Ministers of Ukraine dated March 30, 2023, No. 446. The requirements of Article 4 of the Law of Ukraine "On Employment of the Population" define individuals studying in full-time dual education in institutions of general secondary, vocational (professional-technical), professional higher, and higher education as belonging to the employed population. Based on the above, she was not entitled to the status of unemployed since she belonged to the category of employed population, and she received the status of unemployed and unemployment benefits unlawfully, which is why the plaintiff approached the court," — it is stated in the case materials.

What punishment did the court impose?

The court granted the claim. The woman is to repay the funds received as unemployment benefits for the period from August 29, 2022, to January 26, 2023, amounting to 19,881 hryvnias, to the Zaporizhzhia Regional Employment Center.

"The court believes that the respondent has committed intentional non-fulfillment of obligations and abuse of them, therefore, her actions exhibit signs of bad faith, which allow for the return of unjustly received unemployment assistance. Such conclusions align with the legal position expressed by the Supreme Court in rulings dated October 6, 2021, in case No. 754/17336/19 and April 15, 2020, in case No. 756/16673/17. Considering the above, the court concludes that there are sufficient grounds to satisfy the claims," — emphasized the court.