Order a statement of claim for the refund of pension contributions from real estate

Preparation of Lawsuits for Pension Fund Refund in Ukraine

Preparing lawsuits for the refund of the pension fund contribution is an essential legal service for individuals who purchased real estate for the first time and are entitled to reclaim the 1% mandatory state pension insurance contribution. This process allows the recovery of funds paid to the Pension Fund of Ukraine (PFU) if the property purchase was the first. The Consultant legal marketplace offers professional support in drafting lawsuits, ensuring compliance with legislation, prompt document preparation, and court representation. Our specialists will help you effectively protect your rights and recover the paid funds.

Refund of Pension Fund Contribution for Property Purchase

According to Clause 9, Article 1 of the Law of Ukraine “On Mandatory State Pension Insurance Contribution” No. 400/97-VR, individuals purchasing housing for the first time or those in the housing queue are exempt from paying the 1% pension contribution. However, notaries often require payment due to the lack of a mechanism to verify first-time purchases. The refund process includes the following steps:

1. Submitting an Application to PFU: Filing a request for refund with attachments, including the purchase agreement, payment receipt, and a certificate from the State Register of Property Rights confirming the first purchase.
2. Receiving a Refusal: The PFU typically refuses the refund due to lack of ownership data.
3. Filing a Lawsuit: Submitting a claim to an administrative court within 6 months of receiving the refusal.
4. Obtaining a Court Decision: If the claim is successful, the PFU is obliged to submit documents to the Treasury for the refund.

Our lawyers assist in drafting the PFU application, preparing the lawsuit, and providing court support to ensure a successful refund.

Drafting a Lawsuit for Pension Fund Refund

Drafting a lawsuit for the pension fund refund requires a meticulous approach, as the outcome depends on precise wording. The lawsuit must clearly justify the illegality of the PFU’s refusal and demand the return of the paid funds. Key elements include:

• Reference to Law No. 400/97-VR provisions exempting from the contribution.
• Evidence of the first purchase (certificate from the State Register of Property Rights).
• Copy of the PFU refusal or proof of no response.
• Receipt of court fee payment (in 2025, starting from UAH 1,211.20, depending on the claim amount).

Consultant’s specialists ensure the lawsuit complies with the Code of Administrative Procedure of Ukraine (CAP) and provide guidance on gathering evidence. We help avoid common errors, such as incorrect claim wording or missing the statute of limitations.

Legal Support in Pension Fund Refund Cases

Legal support in pension fund refund cases significantly increases the chances of success, as the process requires knowledge of judicial practice and proper document preparation. Without professional assistance, applicants may face issues such as:

• Incorrectly drafted lawsuits leading to case rejection.
• Missing the six-month statute of limitations for filing a lawsuit.
• Insufficient evidence, such as lack of proof of the first purchase.

Our experts provide comprehensive support, from preparing the PFU application to representing clients in administrative court. We also monitor case progress and ensure the execution of court decisions for fund reimbursement through the State Treasury Service. Judicial practice confirms the possibility of refunds with proper documentation (e.g., cases No. 826/15613/17, No. 0440/5823/18).

Important! Please note: to refund the pension contribution, you must confirm that you have not participated in housing privatization or owned property previously, including joint marital property. Verify your ownership history before filing a lawsuit to avoid refusal!