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Publication date: 08.05.2024
When the pension fund refuses to grant a pension?
In many cases, when people apply for a pension, they have problems that prevent them from being appointed:
1. Problems with the work book, such as errors in records or the absence of an identification code on the seals of enterprises.
2. Absence or incorrect registration of certificates of length of service, especially for former residents of Crimea and Sevastopol after the termination of document circulation between Ukraine and russia.
3. Refusal to include work experience acquired in the russian
federation due to changes in interstate relations and Ukraine's withdrawal from the pension agreement.
These problems become an obstacle in the appointment of a pension, and although they can be solved, the process is often difficult and long. Therefore, the pension fund of Ukraine cannot demand a paper pension case and a certificate of termination of pension payments in the territory of the Autonomous Republic of Crimea and the city of Sevastopol . Previously, the Pension Fund of Ukraine and the Pension Fund of the russian Federation exchanged documents certifying the length of work experience and the amount of earnings, but now such an exchange is impossible.
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In addition, today we are observing a trend regarding the pension fund's refusal to credit the length of service acquired in the Russian Federation in the period from 01.01.1991 to 01.01.2023 or due to the fact that the entries on the title page are certified by the imprint of the seal of the enterprise located in the territory of the Russian Federation.
The Pension Fund, refusing to grant a pension in such cases, refers to the fact that the Russian Federation is not a state party to the Agreement on the Guarantee of the Rights of Citizens of the Commonwealth of Independent States in the field of pension provision, signed on March 13, 1992, as of January 1, 2023. Moscow, therefore, the validity of the specified agreement between Ukraine and the Russian Federation ceased as a result of the withdrawal of one of the signatories, namely the Russian Federation, from 01.01.2023.
Ukraine also withdrew from this Agreement in accordance with the Resolution of the Cabinet of Ministers of Ukraine dated November 29, 2022 No. 1328 "On Withdrawal from the Agreement on Guarantees of the Rights of Citizens of the Commonwealth of Independent States in the Field of Pension Security" and the latter ceased to be valid for Ukraine on June 19, 2023 , in connection with which the right to pension in Ukraine will be lost by citizens of Ukraine who have gained seniority in other CIS member states (Belarus, Armenia, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan) than the Russian Federation.
It is worth noting that the draft Law of Ukraine "On Amendments to Certain Laws of Ukraine Regarding the Proportional Calculation of Insurance Length of Persons Who Worked Outside of Ukraine" (No. 9453) was submitted to the CMU as a legislative initiative for consideration by the Verkhovna Rada of Ukraine, which proposes to determine that the periods labor activity from 01.01.1992 until the date of entry into force of this law are included in the insurance record, including on preferential terms, for persons living in Ukraine.
