Does the pension fund not comply with the court’s decision?

Unfortunately, the Pension Fund of Ukraine is far from always ready to comply not only with the current legislation of Ukraine, but also with a court decision in the interests of a pensioner. One could argue a lot about the fact that it should not be so. But you need to act based on real circumstances and look for ways to influence them.

Why would contacting us be a good option?

The law firm "Prikhodko&Partners" regularly encounters requests from clients who suffer from such a position of the Pension Fund of Ukraine. It happens that a pensioner has already gone through a long and tiring way to achieve a positive court decision, but even this does not become for the PFU the argument that would motivate to respect the law in general and the rights of a specific person.

When such a long way of defending one's rights is already behind one's shoulders, the Pension Fund's inaction is not a reason to give up. Moreover, court decisions are binding, as evidenced by Article 129-1 of the Constitution of Ukraine, as well as Articles 14 and 370 of the Civil Code of Ukraine.

Possible reasons for non-implementation of the court decision by the PFU authorities

Among the reasons why the PFU may not comply with court decisions are the lack of sufficient budget funding and the need to improve the legal mechanism that would oblige to comply with such decisions.

Representatives of this state body understand that there are many gaps in the legislation, and not every pensioner will defend their rights and interests.

Liability for failure to comply with a court decision

A fine in the amount of 20-40 subsistence minimums for able-bodied persons is provided for willful non-compliance with a court decision that has become legally binding or for obstructing its enforcement. It is paid by the head of the subject of authority. Therefore, officials guilty of such an offense may be held sufficiently severely liable.

What are the procedural ways to resolve the issue?

Our team has worked out a high-quality and detailed algorithm for helping clients who want to bring the case to the end and ensure that the court decision is implemented. We are writing a letter of appeal to the State Executive Service. Specialists of the "Prikhodko&Partners" law firm know very well how to work in such categories of cases so that the problem is solved.

Articles 382 and 383 of the Code of Administrative Procedure of Ukraine precisely regulate the issue of judicial control over the execution of court decisions. Therefore, referring to these legal norms, we build a strategy to help our clients defend their rights.

The responsibility that is borne by the head of the subject of power, who must fulfill the court's decision, was mentioned above. And even if the defendant ignores court hearings on this matter, his absence is not an obstacle to their holding.

In summary…

Despite the fact that objective circumstances and the Pension Fund are not always on the pensioner's side, the law stands guard over his rights. So contact us - and we will help you not only to defend the truth, but also to improve your quality of life. The vast majority of such cases, as our practice shows, relate to the issue of pension transfers. Therefore, you should not give up on standing up for yourself when it comes to your pension and legitimate welfare.