ENROLLMENT IN THE CIVIL SERVICE SENIORSHIP OF DIFFERENT PERIODS OF WORK (SERVICE) UNTIL 01.05.2016. JUDICIAL PRACTICE

As already stated in our previous articles on pension provision of civil servants, the final and transitional provisions of Law of Ukraine № 889 preserve the right to grant a pension in accordance with Article 37 of the Law of Ukraine "On Civil Service" (hereinafter - Law № 3723-ХІ):

• civil servants who, on the date of entry into force of this Law (01.05.2016), hold civil service positions and have at least 10 years of experience in positions assigned to the relevant categories of civil servant positions defined by Article 25 of Law 3723 and acts of the Cabinet of Ministers of Ukraine;
• persons who, on the date of entry into force of this Law (01.05.2016), have at least 20 years of experience in positions assigned to the relevant categories of civil service positions defined by Article 25 of Law of Ukraine 3723 and acts of the Cabinet of Ministers of Ukraine.

Civil service length of service is calculated in accordance with Article 46 of Law of Ukraine № 889 and the Procedure for calculating civil service length of service, approved by Resolution № 229 of the Cabinet of Ministers of Ukraine dated March 25, 2016.

However, Clause 8 of the Final and Transitional Provisions of Law № 889-VIII stipulates that civil service seniority for periods of work (service) prior to the entry into force of this Law is calculated in the manner and under the conditions established by the legislation at that time.

We draw your attention to the fact that the length of civil service before the entry into force of Law № 889 was calculated in accordance with the Procedure for calculating the length of civil service, approved by Resolution № 283 of the Cabinet of Ministers of Ukraine dated 05.03.1994.

In addition, the periods of work that were included in the seniority of the civil service were provided for by other regulatory and legal acts.

Therefore, the seniority of the civil service for the periods of work until 01.05.2016 is calculated in accordance with the legislation that was in force before, and under the conditions and in the order provided by it.

The bodies of the PFU do not take into account the above-mentioned circumstances and illegally refuse to transition to a civil servant's pension, not including the period of such work in the length of civil service, and this issue can only be resolved in a court of law.

Judicial practice regarding the inclusion of the disputed period of work in the length of civil service

The most urgent requests among our Clients are the issue of not taking into account the period of military service and periods of work in other state authorities in the length of civil service.

Lawyers of the "Prikhodko&Partners" Law Office have analyzed the practice of the courts regarding the inclusion of different periods of work as seniority in civil service positions.

The most controversial issue is the inclusion of the period of military service in the Soviet Army in the length of civil service (court case № 280/4006/21, № 560/2573/22, 540/5005/21 and many others).

No less relevant is the question of the inclusion of the period of work in tax authorities for "taxpayers" in the length of civil service (court case № P/320/1292/20, № 340/721/23,
№ 500/1065/22, № 360/5327/21).

Unfortunately, the PFU bodies do not take into account the numerous court practices and refuse for various reasons, so you should not stop at the refusal and restore your right to receive a civil servant's pension in court.