Case: Appealed the refusal to assign an old-age pension due to non-inclusion of work experience in russia

A pensioner who was denied a pension due to the lack of 30 years of experience applied to the Law Office of Prikhodko & Partners.

A legal agreement was concluded between Prikhodko & Partners and the pensioner to provide legal assistance in the case of pension assignment.

After analyzing the documents, it was established that from 12/18/2000 to 10/21/2016, the Client worked at an enterprise located in the Russian Federation. However, during the initial application for a pension assignment, the PFU body did not take documents confirming the length of service, payment of wages and contributions at the specified enterprise.

The Client was advised to re-submit an application for a pension assignment and insist on taking documents issued by an enterprise located in the Russian Federation.

On 16.01.2024, the Main Directorate of the Pension Fund in the Kyiv region made a decision to refuse to grant a pension, since the applicant had not acquired the necessary insurance experience.

From the refusal to grant a pension, it was clear that the PFU body did not count the period from 18.12.2000 to 21.10.2016, since from 01.01.2023 the Russian Federation ceased to participate in the Agreement on Guarantees of the Rights of Citizens of the Member States of the Commonwealth of Independent States in the Field of Pension Provision dated 13.03.1992.

The client was provided with explanations that the acquisition of work/insurance experience in the period from 18.12.2000 to 21.10.2016 occurred during the period of validity of the Agreement on Guarantees of the Rights of Citizens of the Member States of the Commonwealth of Independent States in the Field of Pension Provision dated 13.03.1992 for Ukraine, the suspension of its effect cannot have negative consequences on the legal right to include the specified period in the insurance experience.

Since the PFU body illegally did not include work and insurance experience and in this regard refused to assign an old-age pension, it was proposed to immediately resolve the issue of including the experience and assigning a pension in court.

We prepared and sent a statement of claim to the court.

By the decision of the Vinnytsia District Administrative Court dated 05.09.2024 in case No. 120/4656/24, the claim was satisfied, the court:

• recognized as unlawful and canceled the decision of the Main Department of the Pension Fund of Ukraine in the Kyiv region dated 16.01.2024 № 025350009332 on the refusal to grant an old-age pension to our Client;
• obliged the Main Department of the Pension Fund of Ukraine in the Kyiv region to include the periods of work activity of the pensioner from 18.12.2000 to 21.10.2016 in the insurance experience and to re-consider the Client’s application for the grant of an old-age pension from 10.01.2024 and make an appropriate decision based on the results of the consideration, taking into account the court’s conclusions set out in this decision.

The PFU body did not agree with the decision of the court of first instance and filed an appeal, however, by the resolution of the Seventh Administrative Court of Appeal dated 02/17/2025, the appeal of the Main Department of the Pension Fund of Ukraine in the Kyiv region was left unsatisfied, and the decision of the Vinnytsia District Administrative Court dated 09/05/2024 was left unchanged.

After the court decision entered into force, a lawyer filed a request for a lawyer to execute the court decision by the PFU body.

At the lawyer’s request, the PFU body provided a letter regarding the execution of the court decision, from which it is evident that the Client was credited with the insurance period of work from 18.12.2000 to 21.10.2016 and by order dated 24.02.2025, an old-age pension was assigned in accordance with part one of Article 26 of the Law of Ukraine “On Mandatory State Pension Insurance” from 10.01.2024.

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