Publication date: 07.03.2024
Hello! My name is Kyrylo Tomakh, I am a practicing lawyer and co-founder of the law firm DKVA Legal Group. For over 3 years, I have been helping clients protect their rights, find solutions to complex legal situations, and successfully resolve disputes both pre-trial and in court.
A pension is an insurance payment to taxpayers in an amount that directly depends on seniority, the amount of taxes and many other factors.
1.1 Law "On Mandatory State Pension Insurance": This law is the main legal act that establishes the general principles and rules for the functioning of the pension system in Ukraine. It regulates the procedure for providing pension payments and the conditions under which these payments are made. 1.2 Resolution of the Cabinet of Ministers of Ukraine "On the procedure for recalculation of pensions": This normative act defines the rules and procedures for recalculating the amount of pension for different categories of pensioners. It establishes the criteria and conditions under which pension recalculation can be carried out. 1.3 Instructions and orders of the Pension Fund of Ukraine: The Pension Fund of Ukraine, as the agency responsible for the implementation of pension payments, issues various regulations that regulate specific aspects of the pension calculation process. These documents contain instructions and instructions for making calculations, the procedure for submitting applications and the necessary documents for this.
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This regulatory framework establishes legal principles and procedures that regulate the recalculation of pension payments in Ukraine, ensuring legality and fairness in this process.
Frequent mistakes in the application for recalculation: 2.1 Incomplete submission of documents: One of the most common mistakes is incomplete or improper submission of the necessary documents. This may include incorrect or missing documents that need to be submitted for the pension settlement, such as employment records, birth certificates, benefits documents, etc. 2.2 Failure to meet seniority requirements: Another common mistake is miscalculating seniority. Some citizens may not take into account all periods of their working capacity or incorrectly calculate the length of work experience, which may affect the amount of pension payments. 2.3 Inaccurate data: Sometimes an application may contain inaccurate or inaccurate data, such as personal data or work experience information. This may lead to an incorrect calculation of the amount of the pension or rejection of the application for recalculation. 2.4 Violation of application submission deadlines: Sometimes citizens submit applications for pension recalculation in violation of the legally established deadlines. This may lead to a delay in the calculation or rejection of the application.
analysis your seniority is the most important question.
Taking these errors into account can lead to a faster and more successful pension recalculation procedure and a more accurate and fair amount of pension benefits.
Legal obligation of the Pension Fund of Ukraine: 3.1 Right to legal protection: Citizens have the right to legal protection of their rights, including the right to pension recalculation and the right to receive payments in accordance with established norms. 3.2 Appeal to the court: In the case of unsatisfactory resolution of the application for recalculation of pension or refusal of the recalculation, citizens have the right to apply to the court to protect their rights. The court will consider the case and make a decision based on the evidence and the law. 3.3 Obligation of the Pension Fund: The Pension Fund of Ukraine is obliged to comply with the court decision and recalculate the pension in accordance with established norms and court instructions. 3.4 Compensation for damages: In the event that the court recognizes violations in the work of the Pension Fund and prevents the pension from being transferred, the court can decide on the issue of compensation for damages to citizens.
These mechanisms provide citizens with the right to a fair recalculation of their pension and protection of their rights in case of non-fulfilment or illegal actions of the Pension Fund. A court decision can ensure correction of errors in pension calculation and compensation for damages that may have occurred as a result of these errors.
