How to Appeal a Pension Refusal in Ukraine

Despite the fact that the pension application procedure in Ukraine can already be complicated for an ordinary applicant, the situation becomes even more difficult when the Pension Fund refuses to grant a pension. Does this mean that you should simply accept the refusal and remain without a pension? Certainly not. Ukrainian law provides another mechanism for protecting your pension rights – challenging the Pension Fund’s refusal in court.

A refusal to grant a pension may arise, for example, because of missing stamps or other deficiencies in an employment record book, incorrect or incomplete entries in employment records, or problems with documents confirming a person's pensionable service. Another common reason for pension refusals is a conflict between current legislation and the legislation that was in force during the person's employment, particularly when the relevant periods of employment date back to the Soviet era (USSR).

What is the procedure for obtaining a pension through court proceedings?

First of all, it is important to understand that, depending on the circumstances of the case, the court may either order the Pension Fund of Ukraine to grant the pension or require the Pension Fund to reconsider the person's pension application in accordance with the court's findings.

However, in either case, the applicant must normally first submit an application for a pension to the Pension Fund of Ukraine and receive a formal refusal. This refusal can then be challenged before an administrative court in order to protect and restore the applicant's pension rights.

To challenge a refusal to grant a pension, it is necessary to prepare a statement of claim containing the appropriate legal grounds and claims and submit it to the competent administrative court in accordance with the applicable rules of jurisdiction.

In practice, there are also cases where a court of first instance dismisses the claim and rules in favor of the Pension Fund. Such a judgment does not necessarily mean that the dispute is over. Depending on the circumstances and legal grounds, the judgment may be challenged before the court of appeal. Ukrainian court practice includes numerous pension disputes that have reached the Supreme Court of Ukraine, including cases in which pension applicants successfully defended their rights and the Pension Fund was required to reconsider its decision or grant the relevant pension. The Supreme Court has developed significant case law concerning many of the most common grounds used by the Pension Fund of Ukraine to refuse pension applications.