The Pension Fund ignored the request to refund an incorrectly paid fee, prompting the man to demand 2 million hryvnias in compensation. Here's the court's ruling.

A man repeatedly requested the Pension Fund to prepare and submit a notification to the treasury service regarding the return of an erroneously paid fee for mandatory state pension insurance amounting to 1% of the value of the real estate, totaling 11,701 hryvnias. However, these requests were ignored, leading him to demand compensation of 2 million hryvnias. This is stated in the decision of the Zavodsky District Court of Mykolaiv, published on December 17, 2024.

On September 23, 2022, the man purchased an apartment for the first time. According to paragraph 3.1 of the agreement, the sale was made for 1,170,195 hryvnias by mutual agreement. Furthermore, based on paragraph 5.5 of the agreement, a fee for mandatory state pension insurance of 1% of the contract amount was paid by the buyer at the time of notarization of the purchase agreement. According to receipts dated September 23, 2023, he paid 11,701 hryvnias, which is 1% of the value of the real estate. He contacted the Main Directorate of the Pension Fund of Ukraine in Mykolaiv region three times (on December 20, 2023, February 12, 2024, and February 22, 2024), requesting the Main Directorate to prepare and submit a representation (conclusion, message) to the Main Directorate of the State Treasury Service of Ukraine in Mykolaiv region for the return of the erroneously paid fee for mandatory state pension insurance of 1% of the value of the real estate, amounting to 11,701 hryvnias, as per the notarized purchase agreement dated September 23, 2022. However, these requests were not fulfilled.

Disagreeing with this, the man turned to the court to restore his rights. After reviewing case No. 400/2628/24 regarding his claim against the Main Directorate of the Pension Fund of Ukraine in Mykolaiv region, seeking to recognize the inaction as unlawful and to compel certain actions, the Mykolaiv District Administrative Court issued a decision on June 20, 2024, which stated: to recognize the unlawful inaction of the Main Directorate of the Pension Fund of Ukraine in Mykolaiv regarding the failure to prepare and submit a representation (conclusion, message) to the Main Directorate of the State Treasury Service of Ukraine in Mykolaiv for the return of the erroneously paid fee for mandatory state pension insurance of 1% of the value of the real estate, totaling 11,701 hryvnias, as confirmed by receipts; to obligate the Main Directorate of the Pension Fund of Ukraine in Mykolaiv to prepare and submit the representation regarding the return of the erroneously paid fee. The decision of the Mykolaiv District Administrative Court from June 20, 2024, in case No. 400/2628/24 came into legal force on July 23, 2024, as evidenced by the corresponding enforcement letter issued by the court.

The man emphasizes the following: the neglect and disregard by the Pension Fund as a state authority, which is a subject of power, of the legislative provisions that regulate his rights and freedoms; disappointment and concern that the Pension Fund, as an authority meant to protect the rights and legal interests of citizens, may violate the rights of those same citizens; the violation of his legal rights by the Pension Fund, which compelled him to seek judicial intervention, causing him suffering and distress manifested in disruptions to his usual way of life and necessitating additional efforts to organize his life; the prolonged struggle for his rights has drained him, causing mental strain due to the anticipation of a decision, and leading to disappointment in the actions of the state authority, which adds to the psychological stress stemming from discrimination in the consideration of his three applications. The moral damage he claims amounts to 2 million hryvnias, which he believes is justified. In the response to the claim, the representative of the Main Directorate of the Pension Fund in Mykolaiv region requested to dismiss the claim as unfounded.

What decision did the court make?

The court partially granted the man's claim. The Main Directorate of the Pension Fund of Ukraine in Mykolaiv region will pay him 2,000 hryvnias for the compensation of moral damages.

"Considering the circumstances of the case, the nature of the violation, the depth of the plaintiff's emotional suffering due to the negative feelings arising from the unlawful behavior (inaction) of the defendant, the fact that the plaintiff repeatedly approached the defendant and ultimately had to resort to court to protect his rights, the demands for reasonableness and fairness, the court concludes that the defendant should compensate the plaintiff for moral damages in the amount of 2,000 hryvnias. Thus, the claim is subject to partial satisfaction," the court emphasized.