How Heirs Can Recover a Deceased Pensioner’s Unpaid Pension in Ukraine

In today’s world, court proceedings often serve as an effective mechanism for protecting the rights and legitimate interests of individuals. Sometimes this concerns even such everyday matters as receiving pension payments. Cases are common in which pensioners who lived in the temporarily occupied territories of Ukraine had their pension payments suspended because they were unable to travel to the territory controlled by Ukraine and complete the identification procedure required by the Pension Fund of Ukraine. After the pensioner’s death, the heirs of such individuals may seek payment of the pension amounts that remained unpaid from the date the pension payments were suspended until the date of the pensioner’s death.

At the same time, due to the deceased pensioner having lived in a temporarily occupied territory, the Pension Fund applies a special procedure to such payments. The provisions of this procedure significantly restrict the rights of such individuals compared with those who lived in non-occupied territories. As a result of this special procedure, unpaid pension amounts may be paid in very small installments, meaning that full payment could potentially take decades.

V. V. Kolvakh faced a similar situation.

His case concerned pension payments that had been due to his deceased mother but had not been paid to her during her lifetime. As the deceased pensioner’s son and heir, he applied to the court seeking recovery of the outstanding pension amounts in his favor. Ukrainian legislation provides heirs with the possibility of receiving pension payments that were due to a pensioner but remained unpaid at the time of the pensioner’s death.

The lawyers representing the heir successfully demonstrated that the special payment procedure applied to V. V. Kolvakh was unlawful, contrary to the Constitution of Ukraine, and discriminatory on the grounds of the deceased pensioner’s place of residence.

Overall, this court case demonstrates how judicial proceedings can be used to protect citizens’ rights and ensure justice. The proper resolution of such disputes contributes to the effective protection of pension and inheritance rights, strengthens confidence in public institutions, and promotes the rule of law in Ukraine.