Publication date: 01.05.2025
Lawyer with experience working in various structures and formats.
Case summary: appeal against pension recalculation refusal.
Responsible lawyer: Tetiana Dmytrivna Kruhliak.
Case details:
The Client filed a lawsuit against the Main Directorate of the Pension Fund of Ukraine in the Khmelnytskyi region, requesting that the actions of the pension authority be declared unlawful and that the pension be recalculated. The grounds for the claim were the Pension Fund’s refusal to recalculate the pension based on a certificate issued by the Main Directorate of the National Guard of Ukraine.
The Client’s claims were based on certificate No. 11595/5 dated 13.06.2024, issued by the National Guard of Ukraine, which required the Pension Fund to conduct the recalculation. However, by letter dated 19.06.2024, the Pension Fund refused, citing noncompliance with the procedure established by Cabinet of Ministers Resolution No. 45 of 13.02.2008.
Case proceedings:
On July 12, 2024, the Khmelnytskyi District Administrative Court opened proceedings and determined that the case would be considered under a simplified procedure without summoning the parties. The defendant submitted a response requesting that the claim be dismissed, arguing the certificate’s invalidity due to procedural violations. The Pension Fund also requested a hearing with party participation due to the case’s complexity, but the court concluded that the case was not complex and did not require the parties' presence.
Additionally, the defendant filed a motion to dismiss the claim in part regarding the recalculation period starting from 01.02.2023, citing missed filing deadlines. However, the court noted that under Part 2, Article 122 of the Code of Administrative Procedure of Ukraine, the filing period is six months from the date the person became aware of the rights violation. In pension disputes where the delay arises from the paying authority’s fault, recalculation is made without limitation. Therefore, the Client had not missed the deadline.
Court decision:
The court, having examined all the case materials, ruled in favor of the Client. The court declared the Pension Fund’s refusal to recalculate the pension based on the National Guard’s certificate unlawful and ordered the recalculation and payment of the pension from 01.02.2023, considering previously paid amounts.
The Law of Ukraine No. 2262-XII “On Pension Provision for Persons Discharged from Military Service and Certain Other Persons” regulates the procedure for granting, calculating, and paying pensions to military personnel, police officers, law enforcement employees, and their families, providing for service-related, disability, and survivor pensions, as well as the mechanism for recalculating pensions in case of changes in monetary allowance based on certificates issued by authorized bodies.
Lawyer’s work stages
- Document analysis:
Lawyer Tetiana Dmytrivna Kruhliak analyzed the case materials, National Guard certificate, Pension Fund letters, and legal framework.
- Preparation of the claim:
A claim was drafted with a clear description of the case circumstances and references to legislation, including Law No. 2262-XII “On Pension Provision for Persons Discharged from Military Service.”
- Response to defenses:
The lawyer prepared objections to the Pension Fund’s responses, refuting arguments about missed deadlines and certificate invalidity.
- Case monitoring:
Although the case was considered without summoning the parties, the lawyer monitored the process, prepared additional explanations and motions as needed.
- Obtaining the decision:
The court upheld the claim, declaring the Pension Fund’s actions unlawful and ordering the pension recalculation.
Thanks to the professional work of lawyer Tetiana Dmytrivna Kruhliak, the Client successfully defended their right to a lawful pension recalculation and will receive the due payments, including for the period from 01.02.2023. This case shows that even in complex pension disputes, justice can be achieved with competent legal support.
If you face refusals or unlawful actions in the field of pension provision, contact our lawyers. We will help protect your rights!
