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Relations between citizens and the Pension Fund of Ukraine are often complex. And this is absolutely not related to the objective features of the legislation, but to the fact that representatives of this state institution mostly create a number of artificial complications that prevent people from exercising their rights and protecting their legitimate interests on their own. For example, in the calculation of the pension, the updated certificate of financial support may not be taken into account, on the basis of which the amount should be determined, taking into account the conversion. Or – representatives of the PF are trying to be too picky about the entries in the work book, not taking into account the length of service, which, in their opinion, is not clearly indicated.
The lawyer’s right to request the Pension Fund
Above were mentioned only some examples of those situations that may take place. In fact, there can be quite a lot of cases and reasons for pensioners to defend their rights. And when a person is faced with bureaucracy or bureaucratic arbitrariness, it can be difficult for him to navigate on his own which strategy to choose to protect his own rights. Therefore, with the help of a professional lawyer who has the relevant professional knowledge and experience, it will be much easier for you to achieve justice. Let’s talk in more detail about such a legal instrument as a lawyer’s request. It gives the client, whose interests are represented by the lawyer, an opportunity to feel much more confident in the interaction with the mentioned state body.
First of all, we should touch upon the issue of which current legal acts regulate the lawyer’s right to receive information by means of a lawyer’s request. So, these are the laws:
- “About advocacy and advocacy”;
- “On access to public information”;
- “On personal data protection”.
In particular, you can learn more about the specifics and legal nature of a lawyer’s request from Article 24 of the first of the laws mentioned in the list above.
What are the advantages of a lawyer request?
Among the advantages of this legal instrument, the following factors should be noted:
- Ease of obtaining information and speed in providing it. The lawyer directs the request to the relevant state body independently, so he does not need to involve his client in this process.
- Completeness of information and availability of responsibility stipulated in current legislation in cases where an attorney’s request is not answered.
Thus, a request from a lawyer will be the leverage that will make it possible to oblige the PF to proper and timely communication with the pensioner.
When a lawyer’s request may be relevant?
If we talk about the situations of application of the request, then these are:
- obtaining information regarding independent pension calculation;
- receipt of protocols/calculations/decisions on appointment, recalculation of pension;
- receiving seniority calculations;
- receiving information regarding pension accrual and payment.
So, a lawyer’s request can be useful in many cases. And our team often uses this legal mechanism of influence on the PF when it is necessary to obtain information regarding the execution of a court decision. This mostly stimulates the representatives of the state institution to implement the decision on time – in a very short time after it has entered into legal force.
Therefore, contact us – the lawyers of the “Prikhodko&Partners” law firm are ready to qualitatively and effectively defend your legitimate interests in interaction with the Pension Fund authorities.