Case: The PFU body was obliged to properly consider the application for the assignment of a pension

Client: pensioner, 60 years old at the time of the application, is abroad.

Region: Donetsk city

The essence of the case (problem): PFU did not consider the application for the appointment of a pension and did not make a proper decision, as provided for by law.

Desired result: proper consideration of the application for the appointment of a pension and making a decision.

Responsible lawyer: Chmona Alona

Cases where the Pension Fund of Ukraine is sued in an administrative court are quite common. They make up a large percentage of all claims, since representatives of this state body often act not in the interests of the pensioner, but vice versa. As a result, citizens have to defend their rights in court. And, it is worth noting that this usually works out well, since the vast majority of such cases are won. Let’s consider an example from the practice of the law firm “Prikhodko & Partners”.

Practical case: obligation of the PFU to consider an application for the assignment of a pension

The Law Office “Prikhodko & Partners” was contacted by Iryna Mykhailivna, who is abroad and who, having reached retirement age, submitted an application for the assignment of a pension, but the PFU body did not consider it.

Case issues

After analyzing the documents, we established that Iryna Mykhailivna applied to the PFU body for the assignment of an age pension, however, the PFU body indicated in a letter that it was impossible to send such an application for consideration, since the application does not contain information about the place of residence in the territory controlled by Ukraine. As an alternative, it was proposed to provide a certificate of an internally displaced person.

Case analysis

We provided an explanation that in the event that a person applies to the pension body with an application for the assignment of a pension, this body is obliged to consider the submitted application with accompanying documents and make an appropriate decision on the assignment of a pension or refusal to assign it. Another important circumstance is that Iryna Mykhailivna is not an internally displaced person, and therefore obtaining an IDP certificate is impossible at all.

Peculiarities of support

A contract was concluded between JSB “Prikhodko & Partners” and Iryna Mykhailivna on the provision of legal assistance for judicial support of the case in order to properly consider the application for the assignment of a pension. Therefore, we prepared and sent a statement of claim to the court. By the way, cooperation on an official basis on the basis of a contract is an important component of our work. We work transparently and are not afraid to record our obligations to the client in a contractual format.

By the decision of the Donetsk District Administrative Court of January 15, 2025 in case № 200/7017/24, the claim was satisfied. Thus, the court expressed the following position in its decision:

• recognized the inaction of the Main Department of the Pension Fund of Ukraine in Donetsk region in not making a corresponding decision based on the results of considering Iryna Mykhailivna’s application dated March 27, 2024 for the assignment of a pension as unlawful;
• obliged the Main Department of the Pension Fund of Ukraine in Donetsk region to consider Iryna Mykhailivna’s application dated March 27, 2024 for the assignment of a pension and to make a decision based on the results of its consideration in accordance with the established procedure.

Thus, we won the case in the court of first instance. However, the support did not end there, which is quite typical for such cases.

Further appeal of PFU representatives

The PFU body did not agree with the decision of the court of first instance. Its representatives filed an appeal. However, the appeal court also sided with Iryna Mykhailivna. By the resolution of the First Administrative Court of Appeal dated April 16, 2025, the appeal of the Main Department of the Pension Fund of Ukraine in Donetsk region against the decision of the Donetsk District Administrative Court dated January 15, 2025 in case № 200/7017/24 was dismissed.

Support in the execution of the court decision

After the court decision entered into force, the team of our law firm filed a lawyer’s request for the execution of this decision by the PFU body. In response to the lawyer’s request, the PFU body provided a letter regarding the execution of the court decision. The letter states that the Client’s application dated March 27, 2024 for the assignment of a pension has been considered and from January 10, 2024, an old-age pension has been assigned in accordance with Article 26 of the Law of Ukraine “On Mandatory State Pension Insurance”.

Why is support carried out in this sequence?

As can be seen from the description of this case, it went through many stages before Iryna Mykhailivna received her pension. The question of why this cannot be done earlier and easier, if the legislation properly enshrines the rights of pensioners. It is important to understand that legislative norms and the real context of their application differ, and representatives of the Pension Fund often act contrary to the law or take advantage of conflicts between various regulatory legal acts. However, judicial practice shows that pensioners manage to defend their rights.

Another complication is the delay in the execution of the court decision by the Pension Fund officials. Despite the fact that the court decision is mandatory for execution throughout Ukraine, it is important to monitor this process, since its delay by the Pension Fund is a common practice.

If you also encounter similar or other problems in interacting with the Pension Fund, contact the lawyers of our law firm. We know how to help you really effectively. To do this, fill out the feedback form on our website, and a lawyer will then call you back.