A widow cannot claim survivor's benefits because her deceased husband's name is in Russian, according to the court's decision.

After her husband's death, the woman accepted the inheritance and decided to apply for a survivor's pension. However, the Pension Fund denied her request because he had mistakenly indicated his surname in the Ukrainian version in the same way as in Russian during his lifetime. This is stated in the decision of the Saksagan District Court of Kryvyi Rih, published on February 11, 2025.

On October 23, 1982, the woman married a man who had sufficient income, supporting her and their children. He passed away at the age of 54. Following his death, she accepted the inheritance and received a certificate of inheritance rights under the law. The deceased man mistakenly translated his surname from Russian when obtaining his Ukrainian passport, indicating it in the Ukrainian version similarly to how it was in Russian, but this did not hinder him from receiving his pension, as his employment record and educational documents were presented in Russian. Additionally, his error in his surname in the Ukrainian language did not prevent the applicant from accepting the inheritance; however, this mistake became the basis for the Pension Fund's denial of the applicant's request for a survivor's pension (transition to the pension of the deceased man). The applicant considers these circumstances to be unlawful, unfounded, and a violation of her rights.

What was the court's decision?

The woman's claim was granted. The court decided to establish the fact of her being supported by the man, including for the last 10 years from June 9, 2004, to June 9, 2014, up to the date of the breadwinner's death on June 9, 2014.

"The material (monetary) assistance provided by the applicant's husband was a constant and primary source of means for her existence, meaning it was not a one-time aid, but was provided systematically over a certain period. The court notes that the different spellings of the surnames of the applicant and her husband are due to the specifics of translating a surname from a foreign language. Linguistic expert practices indicate that there are frequent cases of incorrect documentary fixation of personal names or patronymics, surnames influenced by Russian pronunciation and phonetic speaking characteristics in contact bilingualism situations, deviations from spelling norms and rules, and principles of interlingual transformation due to contact bilingualism. The court takes into account that establishing the legal facts requested by the applicant is necessary for her to exercise her right to receive a pension in connection with the loss of her breadwinner. Based on the above, the court concludes that it is necessary to grant the application in the manner chosen by her to protect and realize her rights and legitimate interests," the court emphasized.