Court disputes regarding payments with the Pension Fund usually end in favor of citizens
Ukrainian citizens who left abroad in the nineties retain the right to pension payments without time limits. The flow of funds can be renewed regardless of the limitation period of the suspension. This was reported by RBC-Ukraine (Олена Чупровська), according to the portal PromPolitInform.
The judicial system consistently supports citizens in such disputes because the cessation of payments originally occurred at the initiative of a state body rather than due to any violation by the individual. The Supreme Court regularly reviews such appeals and confirms the legality of pensioners’ claims to receive their due funds. Updated payments are subject to recalculation and indexing on a general basis, similarly to accruals for recipients remaining within Ukraine.
Constitutional Court ruling and grounds for refusals
Prior to October 2009, current legislation allowed suspending pension accruals for the entire period of residence outside the state in the absence of a special international treaty. However, these provisions lost validity following the ruling of the Constitutional Court of Ukraine No. 25-rp/2009 dated October 7, 2009. Currently, the core law contains no direct prohibitions on making payments to citizens abroad, yet the Pension Fund demands compliance with special identification procedures.
Features of processing permanent residence relocation
The specifics of reviewing such cases often depend on whether an individual officially deregistered upon departure. When permanent residence abroad is officially registered, the Pension Fund pays funds six months in advance upon application. Subsequently, the pension file is closed at the local agency level, which frequently triggers further administrative disputes. Attorney Olga Khomych from Ivan Khomych Law Bureau emphasized that such actions by the fund do not deprive a person of their lawful right to further accruals.
Identity verification procedure and court appeals
Current regulations provide several ways to confirm that a recipient is alive, including using the Diia mobile application, video communication, or contacting consular offices. Ignoring these requirements only leads to a temporary suspension of funds, which can be restored retroactively after passing verification. In cases of unjustified PFU refusal to resume financing due to residence outside Ukraine, the lawyer recommends applying to judicial authorities.
Photo: RBC-Ukraine
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