IMPLEMENTATION OF THE DECISION OF THE COURT ON THE RECALCULATION OF MILITARY PENSIONS

Receiving a court decision on pension recalculation does not mean its actual implementation. After all, the PFU very often delays the implementation of the decision in various ways.
Methods of execution of the court decision on recalculation of military pensions.

Voluntary method of executing a court decision

This is probably one of the easiest and simplest ways to enforce a court decision. It consists in the fact that after the decision has entered into legal force, the PFU body either independently transfers the military pension taking into account the specified decision, or does it at the request of the pensioner taking into account the decision. In practice, this method of executing a court decision is not rare and it depends precisely on the PFU, since the state body understands that delaying the court decision can lead to sanctions that are imposed for non-execution of the decision. But not all departments of the PFU willingly implement decisions voluntarily.

Compulsory method of execution of a court decision

This method is more complicated and time-consuming. Execution of the court decision in this way is carried out with the help of executive service bodies.

Where to start?

• Obtain an executive letter on the enforcement of a court decision in the court where the case is being considered. In practice, it is not easy to do this on your own, because due to the busyness of the district courts with cases, the issuance of a writ of execution can be delayed for several weeks.
• Apply to the executive service for the initiation of executive proceedings. The application must specify which court decision must be executed and attach the original executive letter.
• After the opening of enforcement proceedings, the executor must take all necessary actions in order to comply with the court's decision on the recalculation of the military pension.

Execution period

According to Art. 63 of the Law of Ukraine "On Executive Proceedings", according to the decisions, according to which the debtor is obliged to personally perform certain actions or to refrain from performing them, the executor on the next working day after the end of the 10-day period after the opening of the executive proceedings (except for decisions that are subject to immediate execution , decisions on establishing visitation with the child) checks the execution of the decision by the debtor. If the decision is subject to immediate execution, the executor checks the execution of the decision no later than on the 3rd working day after the opening of enforcement proceedings.

The bodies of the PFU should understand that delaying the implementation of the decision on pension recalculation within the framework of executive proceedings is the imposition of sanctions for non-compliance with the court decision.

That is, if we analyze the legislation, the court's decision to recalculate pensions for military personnel must be implemented in any case. But very often it is not easy for a pensioner to achieve this on his own. After all, even getting a writ of execution and submitting an application for the opening of enforcement proceedings can be a whole quest for a citizen.

Among lawyers, there is a rather common phrase: "Not even the one who laughs last laughs well, and not the one who won the court, but the one who managed to obtain recovery under the writ of execution!". From this phrase it is clear that sometimes a court decision rendered in favor of a person is only half way.

In order to obtain the desired result for the client, and to achieve real restoration of violated rights, and not on paper, you should not neglect the legal assistance of specialists. After all, it is the lawyers involved in the recalculation of military pensions who can not only achieve a positive court decision, but also take all the necessary actions so that this court decision is actually implemented, and the military pensioner can receive a pension recalculation in the shortest possible time.