The court ruled that the Pension Fund is not paying the Ministry of Internal Affairs retiree an additional pension amounting to 631,919 hryvnias.

A retired employee of the Ministry of Internal Affairs receives a military pension. The Pension Fund was mandated to recalculate and pay the pension. However, the Pension Fund of Ukraine (PFU) has not disbursed the owed amounts, resulting in a total debt of 631,919 hryvnias since February 2021, following the review of five court cases. This is stated in the decision of the Primorsky District Court of Odessa, published on October 18, 2024.

The man is a military pensioner of the Ministry of Internal Affairs of Ukraine and was registered for pension until June 2019 with the Main Directorate of the Ministry of Internal Affairs of Ukraine in the Odessa region and the State Institution "Territorial Medical Association of the Ministry of Internal Affairs of Ukraine for the Odessa Region," receiving his military pension through the Main Directorate of the Pension Fund in the Odessa region since November 1, 2008. Based on the court's decision, the PFU was obligated to recalculate and pay the pension. However, while the PFU complied with the court's decision regarding the recalculation of the pension amount, it has accrued but has not yet paid the debt of 15,518 hryvnias. As a result, as of February 10, 2021, the PFU acknowledged its monetary debt to him, yet it has not made the payment for an unreasonably long period.

Subsequent court rulings again mandated the PFU to recalculate and pay the pension. However, the PFU has failed to pay the owed amounts, resulting in a total debt of 631,919 hryvnias to the man since February 2021, following the review of five court cases. Enforcement proceedings have been initiated, and penalties have been imposed on the PFU. He notes that the unlawful actions of the PFU, which manifested in the non-payment of the due pension amount, as well as inaction leading to the prolonged failure to execute court decisions regarding the aforementioned cases, have caused him moral harm, consisting of emotional distress due to the violation of his rights and the inability to exercise his constitutional rights. Moreover, the moral damage stems from the emotional suffering caused by the disruption of his usual way of life, as he had to repeatedly approach the PFU or the court to assert his right to an increase in his pension and subsequently to enforce the court's decision regarding the payment of the additional amount. Based on the principles of reasonableness and justice, as well as the duration and severity of the ordeal, the plaintiff assesses the amount of moral harm at 600,000 hryvnias, which, according to Article 1173 of the Civil Code of Ukraine, should be compensated by the state.

"Payment of the accrued pension supplement will be made after the allocation of the necessary funds to the Main Directorate for the repayment of the pension payment debt as per the court's decision. The demand for compensation for moral damage in the amount of 600,000 hryvnias from the Main Directorate of the PFU in Odessa is unfounded, as the pension has been calculated," stated the PFU.

What did the court decide?

The court partially satisfied the man's claim. A sum of 2,000 hryvnias will be recovered from the state budget of Ukraine through a deduction from the relevant account in his favor as compensation for moral damage.

"The defendant's reference to the fact that the execution of the decision regarding the payment of the accrued pension supplement in the amount of 631,919 hryvnias will take place after the allocation of the necessary funds to the Main Directorate for the repayment of the pension payment debt as per the court's decision does not negate the fact of moral harm caused to the plaintiff due to the non-execution of the decision regarding the payment of the specified funds. The excessive duration of the enforcement proceedings can lead to moral suffering for the individual, as the plaintiff does not know when he will receive the owed funds and is left in a state of uncertainty. Considering the nature and depth of the moral suffering caused to the plaintiff, the duration and ineffectiveness of the enforcement of the accrued pension, in which the plaintiff is the claimant, as well as the principles of reasonableness and justice, the court finds it appropriate to recover 2,000 hryvnias from the state budget of Ukraine in favor of the plaintiff as compensation for moral harm. The court concluded that the claim should be partially satisfied, as the fact of non-fulfillment of the decision established by the court is unlawful, regardless of the reasons, and consequently caused moral harm to the plaintiff," the court emphasized.