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The pension fund halted payments to a man due to his

ПФУ остановил выплаты пенсии мужчине, считая его мертвым, но он оказался жив. Какое решение принял суд?

The man was receiving a pension of 2,200 hryvnias. Subsequently, his pension payments were terminated. Upon contacting the Pension Fund, it was discovered that he was considered deceased. The citizen is demanding the annulment of the death record. This is stated in the decision of the Leninsky District Court of Mykolaiv, published on August 1, 2024.

Since August 2021, the man has been undergoing treatment at the Mykolaiv Regional Psychiatric Hospital. As a 3rd group disabled person, he received a pension of 2,200 hryvnias until the end of July 2022. However, starting in August 2022, the pension payments were stopped, prompting him to contact the hot line of the Pension Fund of Ukraine regarding the cessation of pension payments. He was informed that he was considered deceased, which led to the termination of his pension payments, and he was advised to contact the police and the Pension Fund at his place of residence.

The man approached the police, where he was informed that in the course of a criminal investigation, it was established that he had died. However, it was revealed that the information about him as a person who died as a result of a traffic accident was entered erroneously, and he holds no procedural status in the mentioned investigation. The applicant also contacted the Main Department of the Pension Fund in the Mykolaiv region, where they clarified that the data regarding his death was entered while processing the records of the State Registration of Civil Status Acts. There was a complete match of his full name, date of birth, and identification number. The Main Department of the State Tax Service in the Mykolaiv region recommended that he appeal to the court for the annulment of the death record.

What was the court's decision?

The court granted the man's claim. The death record No. 1924 dated July 15, 2022, issued by the Department of State Registration of Civil Status Acts in Mykolaiv of the Southern Interregional Department of Justice (Odessa), was annulled concerning him.

"The applicant is a living person, and during the identification of an unknown deceased individual, an error was made regarding his identity, leading to the corresponding changes being recorded. The court finds no contradictions in the documents provided by the applicant and the circumstances that could cast doubt on the fact that the applicant seeks to establish; the case materials do not contain such doubts either. It has been established that the applicant is taking active steps to exercise his right to life, without violating the established legal order in Ukraine; his passport has not been surrendered, as required by the norms of current legislation when entering the contested record, his death certificate has not been issued, and an extract from the state register of acts of civil status regarding death for burial benefits has not been issued. The court concludes that the applicant, both at the time of the contested death record and up to now, is personally engaged in various activities related to his life. Considering the established factual circumstances of this case, the court concluded that the death record No. 1924 dated July 15, 2022, concerning the citizen, compiled by the Department of State Registration of Civil Status Acts in Mykolaiv of the Southern Interregional Department of Justice (Odessa), should be annulled, as he appeared in court and confirmed his identity with proper and admissible evidence. Thus, the court has no doubts that the death record No. 1924 dated July 15, 2022, was erroneously compiled concerning a living person,” the court emphasized.