Pension was not paid after the occupation of Crimea: the court obliged the Pension Fund of Ukraine to resume payments to the displaced person

The Kyiv District Administrative Court considered case No. 320/59846/24 on a citizen's claim against the Main Department of the Pension Fund of Ukraine in Kyiv regarding the restoration of pension payments for years of service, which were suspended after the occupation of the Autonomous Republic of Crimea. The plaintiff challenged the Pension Fund's refusal to restore pension payments and requested to oblige the restoration of pension payments from the date of his application.

Essence of the case

The court established that until April 2014, the plaintiff was registered with the Main Department of the Pension Fund of Ukraine in the Autonomous Republic of Crimea and received a pension for years of service in accordance with the Law of Ukraine "On pension provision for persons released from military service and some other persons." After the occupation of the Autonomous Republic of Crimea by Russia, pension payments were suspended.

In October 2024, the plaintiff applied to the Main Department of the Pension Fund of Ukraine in Kyiv with a request to restore pension payments, stating that he does not receive a pension in other countries, including the Russian Federation.

In response, the Pension Fund informed that the issue of restoring pension payments to persons who left the occupied territory to the territory controlled by Ukraine is not legislatively regulated. After a repeated appeal, the applicant was explained that to restore the pension, it is necessary to provide the pension case, a statement of absence of citizenship of the occupying state, and a document confirming the termination of pension payments by the Russian Federation.

At the same time, the court established that the plaintiff is a citizen of Ukraine, was born on the territory of Ukraine, and since November 2023 has been registered as an internally displaced person and resides in the territory controlled by Ukraine. The Pension Fund also informed the court about the absence of the plaintiff's pension case materials.

What the court decided

The court noted that according to Articles 19 and 46 of the Constitution of Ukraine, state authorities are obliged to act exclusively on the basis and within the powers defined by law, and the right to social protection and pension provision is guaranteed by the state.

The court drew attention to Article 58-1 of the Law of Ukraine "On pension provision for persons released from military service and some other persons," according to which the suspension and restoration of pension payments are carried out in the manner defined by this Law and Article 49 of the Law of Ukraine "On compulsory state pension insurance."

Analyzing the provisions of Article 49 of the mentioned Law, the court concluded that the list of grounds for suspension of pension payments is exhaustive and cannot be interpreted broadly.

Moreover, the court took into account the legislation on ensuring the rights and freedoms of internally displaced persons, according to which persons registered as internally displaced persons exercise the right to pension provision in accordance with the legislation of Ukraine.

The court also referred to the decision of the Constitutional Court of Ukraine dated October 7, 2009, No. 25-rp/2009, which states that a citizen's right to receive an assigned pension cannot depend on their place of residence. According to the court, this approach applies not only to persons living outside Ukraine but also to internally displaced persons who left the temporarily occupied territory.

The court established that the Pension Fund's responses did not indicate lawful grounds for suspending pension payments, and the refusal to restore them was justified by the absence of special regulatory provisions regarding persons who moved from the Autonomous Republic of Crimea.

At the same time, the court emphasized that at the time of applying for pension restoration, the plaintiff already had the status of an internally displaced person and resided in the territory controlled by Ukraine, so the requirements concerning Ukrainian citizens continuing to live in the Autonomous Republic of Crimea cannot be applied to him.

The court separately stressed that the absence of a paper pension case cannot be a reason for refusal to restore pension payments, as a person should not bear negative consequences due to the loss or absence of relevant documents in state bodies.

In view of this, the Kyiv District Administrative Court recognized the refusal of the Main Department of the Pension Fund of Ukraine in Kyiv to restore pension payments for years of service as unlawful and obliged to restore the payments from the date of the applicant's request — October 8, 2024. The court also ordered the Pension Fund to recover the court fee paid by the plaintiff.

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