The government attempted to limit the enforcement of court rulings, but the court declared these actions illegal
The Supreme Court of Ukraine has deemed the Cabinet of Ministers' mechanism for limiting pension payments based on court rulings, which was dependent on available budget funds, to be unlawful. The Pension Fund no longer has the right to carry out such payments partially or in order of precedence. This was reported by Minfin citing Адвокатське бюро І. Хомича, according to the portal PromPolitInform.
On September 10, 2026, the Cassation Administrative Court within the Supreme Court issued a final decision in case No. 320/51895/25. The court rejected the cassation appeals of the Cabinet of Ministers and the Ministry of Social Policy, upholding the rulings of lower courts that declared Government Resolution No. 821 of July 14, 2025, invalid.
Budget funding restrictions
The mentioned government resolution effectively allowed the Pension Fund of Ukraine to allocate funds for the execution of court rulings only within the limits of available financing. This led to partial payments or the creation of artificial queues for citizens who had secured pension recalculations through the courts.
According to the Supreme Court, government authorities do not have the power to adopt subordinate legislation that establishes the priority or proportionality of enforcing final court verdicts. The presence or absence of budget appropriations should not be an obstacle to the full payment of awarded amounts.
The government’s new mechanism
The process of challenging the government’s decisions was lengthy: on March 4, 2026, the Kyiv District Administrative Court struck down Resolution No. 821, and on June 8, 2026, this decision was upheld by the court of appeal.
Following the cancellation of the previous rules, the Cabinet of Ministers adopted a new Resolution, No. 1046, on August 19, 2026, which regulates the use of Pension Fund assets for the execution of court rulings. Legal experts note that this procedure also provides for the distribution of resources, which casts doubt on its compliance with the legal position of the Supreme Court.
The situation regarding arrears based on court rulings remains critical. By some estimates, at current funding levels, the full settlement of accumulated debts to pensioners could take up to 91 years.
Photo: Minfin
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