A resident of Zhytomyr is demanding a compensation of 311,727 UAH from the Pension Fund of Ukraine. Here's what the court decided.

A man is registered with the Main Directorate of the Pension Fund in the Zhytomyr region and receives a pension. He is classified as a person with a II group disability, and the unlawful actions of the Pension Fund have exacerbated his illness. Therefore, the citizen is seeking compensation amounting to 311,727 hryvnias. This is stated in the decision of the Bohunsky District Court of Zhytomyr, published on November 29, 2024.

On December 31, 2010, the man was dismissed from the internal affairs bodies due to illness and is recognized as a person with a II group disability. His condition is related to his service in the internal affairs bodies. He is registered with the Main Directorate of the Pension Fund in the Zhytomyr region and receives a pension. The unlawful actions of the Main Directorate of the Pension Fund in the Zhytomyr region consist of failing to pay his pension, as well as the inaction of the Main Directorate regarding the prolonged non-implementation of court decisions and intentionally incorrect calculations of his debt by the employees of the Main Directorate, which, in his opinion, have caused him moral damage valued at 311,727 hryvnias because this is the amount of debt that has not been paid to him by the Main Directorate of the Pension Fund in the Zhytomyr region.

Case Review

The claims for compensation for moral damages in the amount of 311,727 hryvnias are linked to the moral harm he has suffered due to the violation of his rights stemming from the non-fulfillment of court rulings regarding the unpaid debt of 311,727 hryvnias. During the examination of this civil case, the court established that the actions of the Main Directorate of the Pension Fund in the Zhytomyr region were unlawful, as they failed to pay the full amount of the debt totaling 311,727 hryvnias, and therefore, under Part 4 of Article 82 of the Civil Procedure Code of Ukraine, this fact does not require additional proof. However, proving only the unlawfulness of the actions of the Main Directorate of the Pension Fund in the Zhytomyr region is not sufficient grounds for satisfying the claim for compensation for moral harm.

"In satisfying the administrative claims of the man, the court noted the violation of the law by the defendant in the payment of funds to him. Taking into account the nature of the disputed legal relations, the fault of the harm-causing party is presumed. However, the circumstances mentioned are insufficient for compensating moral harm, as the plaintiff is obliged to prove the negative consequences he has faced in the form of such harm, its extent, and the causal link with the inaction of the defendant. The mere fact that the Main Directorate of the Pension Fund in the Zhytomyr region did not pay the debt of 311,727 hryvnias does not automatically lead to civil legal consequences and cannot serve as proof that the actions and inactions of the defendant caused the plaintiff moral harm. The rulings have repeatedly noted that the mere fact of the defendant's unlawful behavior does not indicate that the plaintiff suffered moral harm (No. 826/10460/16 dated October 3, 2019, No. 804/6922/16 dated July 31, 2019, and others). It should also be noted that the mere fact of the decision cannot be a standalone and sufficient basis to claim that the plaintiff suffered moral harm, and does not relieve him of the obligation to provide evidence confirming the presence of all necessary elements of the composition of a civil offense that serves as the basis for compensation for moral harm," the court emphasized.

What was the court's decision?

The court denied the man’s claim. He failed to prove that his moral harm, which adversely affected his health, was directly caused by the unlawful actions of the Main Directorate of the Pension Fund in the Zhytomyr region.

Considering the period during which the plaintiff was diagnosed, the court does not establish a causal link between the prolonged health disturbances and the actions of the defendant. The plaintiff did not provide evidence of deterioration in health or other non-property losses due to moral suffering or other negative phenomena resulting from the behavior of this defendant. Challenging the actions or inactions of government authorities is a right of the individual, which the plaintiff exercised in this case. Consequently, these court decisions restored the plaintiff's violated rights to receive the unpaid benefits. The court believes that the plaintiff has not proven that the unlawful actions of the defendant caused him moral harm that adversely affected his health. Therefore, taking into account the factual circumstances established during the consideration of this case, and considering that the plaintiff did not provide adequate and sufficient evidence confirming the infliction of severe mental anguish, harm to health, or other non-property losses leading to moral suffering, the existence of a causal link has not been proven, and the court concludes that there are no grounds to satisfy the claim," the court summarized.