Court Orders the Pension Fund to Recognize Employment in Russia for Pension Purposes

In today’s world, where labor mobility is becoming increasingly common, the issue of social protection for people who have worked abroad is becoming more relevant. However, due to the Russian Federation’s war of aggression against Ukraine, Ukrainian citizens who worked in Russia before the war may face refusals to have these periods of employment included in their insurance record for pension purposes following Ukraine’s withdrawal from the Agreement on Guarantees of the Rights of Citizens of the Member States of the Commonwealth of Independent States in the Field of Pension Provision.

Volodymyr Oleinychenko faced a similar situation.

In his case, he had worked in Russia from 2000 to 2006, but the Pension Fund of Ukraine refused to include this period in his insurance record for pension purposes.

With the assistance of an attorney, the case went through all stages of court proceedings and ultimately resulted in a favorable judgment for the claimant. The court ordered the Pension Fund of Ukraine to include the claimant’s period of employment in the Russian Federation from 2000 to 2006 in his insurance record. As a result, Volodymyr Oleinychenko will be entitled to pension benefits calculated taking into account these years of employment abroad.

The court ruled in favor of the claimant on the grounds that the international agreements governing pension provision between Ukraine and Russia were in force during the relevant period of employment. Therefore, the court concluded that this period had to be included in the claimant’s insurance record for the purpose of calculating his pension benefits.

The attorney representing Mr. Oleinychenko played an important role in this case. His work involved not only conducting a comprehensive legal analysis of the circumstances but also preparing a well-reasoned and persuasive legal position for the court. The attorney had to demonstrate that the period of employment in the Russian Federation should be recognized as part of the insurance record giving the claimant the right to pension benefits in Ukraine.

This court judgment is important for the protection of pension rights in Ukraine. It may also be relevant to other individuals who worked in the Russian Federation and are now seeking to have these periods included in their insurance record for pension purposes. The judgment confirms that periods of employment completed while the relevant international pension agreements were in force may be taken into account when determining entitlement to and calculating pension benefits in Ukraine.