Case: A reduction in the survivor’s pension for the widow of a Chernobyl liquidator was appealed

Client: widow of a deceased liquidator of the Chernobyl accident, 82 years old.

Region: Donetsk Oblast (the pension case is registered in the Kharkiv Oblast)

The essence of the case (problem): The Pension Fund reduced the pension amount due to the loss of a breadwinner, and refused to recalculate it taking into account the liquidator’s actual salary for work in the exclusion zone due to the “lack of primary documents.”

Desired result: restoration of a larger pension amount and recalculation from September 1, 2025, based on actual earnings of UAH 144,548.63

Responsible lawyer: Liubomyr Kozhukhov

The widow of a Chernobyl liquidator, whose pension had been significantly reduced due to the loss of her breadwinner, contacted the “Prikhodko&Partners” Law Firm.

The client received a pension in accordance with the Law of Ukraine “On the status and social protection of citizens affected by the chernobyl disaster.” The Pension Fund established the pension at UAH 23,610, taking into account the salary of her deceased husband for the period of work in the exclusion zone from October 17, 1987, to October 31, 1987, in the amount of UAH 144,548.63.

However, in a separate decision, the same Pension Fund body effectively reduced the pension to UAH 12,843.08. The reason given was the lack of primary documents in the electronic pension file and the impossibility of verifying the accuracy of the salary calculation. Consequently, the pension was calculated at five times the minimum wage in accordance with Procedure № 1210 and, accordingly, reduced.

In fact, the state first recognized the right to a larger pension, and then—without any new circumstances—worsened it.

During the consultation, we analyzed the pension case, the provisions of Law № 796-XII, Resolution of the Cabinet of Ministers № 1210, and current judicial practice, in particular, the position of the Constitutional Court of Ukraine regarding the guarantee of stability of legal relations and the principle of legal certainty.

The legal position in the case was based on the following:

1. According to Article 54 of Law № 796-XII, a pension in connection with the loss of a breadwinner may be assigned from earnings received for work in the exclusion zone in 1986–1990, in the amount of compensation for actual losses.
2. The absence of primary documents cannot be attributed to the pensioner unless they are preserved by the enterprise, archive, or the Pension Fund itself.
3. The Pension Fund does not have the right to arbitrarily overturn its own decision if legal relations have already arisen based on it and the individual has exercised their right.
4. The risk of a government agency’s error cannot be transferred to the individual.

A legal assistance agreement was concluded between “Prikhodko&Partners” Law Firm and the client. We prepared and filed an administrative claim with the Donetsk District Administrative Court.

In the lawsuit we demanded:

• recognize the actions of the Main Directorate of the Pension Fund regarding the refusal to recalculate as unlawful;
• require the pension to be recalculated and paid based on the salary of UAH 144,548.63, taking into account amounts already paid.

The court reviewed the case under simplified procedure and thoroughly examined the materials. It was established that the Pension Fund had previously taken into account the corresponding earnings and determined a higher pension. The reduction occurred without proper legal justification.

The court particularly noted that:

• the principle of “good governance” obliges state bodies to act consistently;
• the absence of primary documents cannot deprive a person of the right to social protection;
• the state cannot correct its own procedural deficiencies at the expense of the pensioner.

The court’s decision granted the claim in full.

Court:

1. the court found the actions of the Main Directorate of the Pension Fund of Ukraine in Kharkiv Oblast to be unlawful in refusing to recalculate the pension;
2. ordered the recalculation and payment of the survivor’s pension based on the liquidator’s salary of UAH 144,548.63 for the period of his work in the exclusion zone.

Thus, the court restored the right of the Chernobyl liquidator’s widow to a larger pension and confirmed that formal references to the “absence of primary documents” are not grounds for reducing already assigned social benefits.

Once the decision comes into legal force, we will monitor its implementation and ensure that the client receives the due amounts.

This case is further proof that even in the difficult conditions of martial law and in the absence of archival documents, the right to social protection can and should be restored through the courts.

To receive legal assistance with pension disputes, leave your phone number by filling out the form on our website, or call a lawyer +38 (093) 007-41-00