How to oblige the pension fund of Ukraine to comply with the court decision?

Despite the fact that any court decision is mandatory to be executed after entering into legal force, the Pension Fund of Ukraine often ignores this procedure, enshrined in Art. 255 KASU. In general, in practice, such a situation often occurs when representatives of the Pension Fund clearly demonstrate confrontation in relation to the pensioner. This applies not only to those situations where the legal norm is on his side, but also to cases where there is even a corresponding court decision to protect the violated right.

In such a situation, it remains only to turn to a qualified team of lawyers who have experience with a similar category of cases. Such experts-practitioners work at the Prikhodko&Partners law office, which regularly has to defend the legal rights and interests of its clients in interaction with the Pension Fund.

What procedural methods of influence are possible?

Cases are known in practice when, without high-quality legal support, a person faced the fact that the Pension Fund delayed the execution of a court decision for years. Therefore, the complex impact of bureaucratic phenomena and ordinary official arbitrariness can put a pensioner in an extremely disadvantageous position, even if there is a winning court decision in hand. But when lawyers with experience in similar cases join the case, it immediately changes the perspective of influencing the situation. So, among the relevant methods of procedural influence are:

• Application for establishment of judicial control. The result should be the so-called "REPORT" on the execution of this control. This possibility is provided for and carefully regulated by Article 382 of the Civil Code. The legal norm enshrined in this article provides that the consequence of non-compliance may be a fine for the head of the relevant authorized entity (ie, in this case, the territorial unit of the Pension Fund).
• Submission of a procedural statement. This possibility is provided for in Art. 383 of the already mentioned Code. It expressly enshrines the right of a plaintiff who has a court decision in his favor to submit an application to the court of first instance in order to declare illegal decisions, actions or inaction on the part of the subject of authority, which violate his rights, confirmed by such a court decision.
• Submission of an application to the court with the requirement of production of executive letters and their subsequent presentation to the executive service.

Thus, the legislation provides enough opportunities to influence the arbitrariness of Pension Fund of Ukraine officials.

Why should you contact us for legal assistance?

The team of our law office regularly works with requests from this category. Therefore, our experience in writing and submitting relevant applications to the court is enormous. We always focus on and work towards the desired result for the client and never give up halfway. Therefore, our clients know that they have reliable legal support from those who can really move the case from a dead point.

Summing up…

Of course, a more natural, legal and fair situation would be when the pensioner's rights would be respected from the beginning and they would not have to be sued. However, the reality is not always like this. Therefore, it is worth looking for tools to influence the situation based on objective circumstances. Our specialists know how to use such tools.