How to Count Employment History in Russia Towards a Pension in Ukraine

Many Ukrainian citizens who worked in the russian federation are concerned about whether their employment history acquired in russia can be taken into account when applying for a pension in Ukraine. This issue has become particularly relevant following the termination of participation in the international agreement that previously regulated pension rights between the participating states. In this article, we explain how employment periods in russia may be taken into account under the current rules and how our law firm can assist you throughout the process.

Legal framework for recognizing employment history

For many years, the recognition of employment periods acquired in russia was regulated by the Agreement on Guarantees of the Rights of Citizens of the CIS Member States in the Field of Pension Provision dated 13 March 1992. The Agreement provided a legal mechanism for taking into account periods of employment acquired in participating states, including russia, when determining pension rights in Ukraine.

However, the legal framework has changed significantly since 2023. As a result, the recognition of employment periods acquired in russia can no longer be approached in the same way as it was when the 1992 Agreement was applicable. This has created additional difficulties for Ukrainian citizens seeking to have periods of work in russia included in their pensionable service in Ukraine.

At the same time, the termination of the international agreement does not necessarily mean that all periods of employment in russia must automatically be excluded from a person's pensionable service. The applicable rules depend on when the relevant period of employment occurred, the documents available to confirm it, and the legislation governing pension rights at the relevant time.

How is employment history acquired in russia recognized after 2023?

1. Employment periods acquired during the Soviet period

Periods of employment acquired before the dissolution of the USSR may generally be relevant when determining pension rights in Ukraine, provided that they are properly documented. An employment record book, archival certificates, employment orders, payroll documents, or other evidence may be used depending on the circumstances.

2. Employment periods after 1992

The recognition of employment periods acquired in russia after 1992 has become considerably more complicated following the changes to the international legal framework.

The Pension Fund of Ukraine may refuse to recognize certain periods of employment, particularly where it considers that there is no sufficient legal or documentary basis for including them in the applicant's pensionable service. However, such a refusal should be assessed individually and does not necessarily mean that the relevant employment period cannot be recognized.

Depending on the circumstances, employment history may be confirmed if:

• The applicant has documents properly confirming the relevant periods of employment.
• There are other legally admissible sources of information confirming employment.
• The refusal of the Pension Fund of Ukraine is successfully challenged through administrative or judicial proceedings.

3. Documents confirming employment history

Depending on the circumstances of the particular case, the following documents may be used to confirm periods of employment in russia:

• Employment record book containing the relevant entries.
• Certificates issued by former employers.
• Archival certificates and extracts.
• Employment orders and other personnel records.
• Documents concerning salary and insurance contributions, where relevant and available.
• Other documents that can reliably confirm the relevant period of employment.

Documents issued outside Ukraine may be subject to specific requirements regarding their form, acceptance and, where necessary, translation into Ukrainian. Due to the lack of normal cooperation with russian institutions and restricted access to archives, obtaining additional certificates or verifying documents may be considerably more difficult than before.

4. Specific issues for internally displaced persons and people returning to Ukraine

Internally displaced persons (IDPs), as well as Ukrainian citizens who previously lived or worked in russia and subsequently returned to Ukraine, may encounter additional difficulties when confirming their employment history.

Since obtaining information directly from russian employers, archives, or public authorities may be impossible or extremely difficult, the outcome of a pension application often depends on the documents already available to the applicant and the possibility of using alternative evidence. In disputed cases, judicial proceedings may be necessary.

5. Pension payments

If a person previously received a pension in russia, this circumstance should be disclosed and assessed when applying for pension benefits in Ukraine. The recognition of pensionable service and the calculation of the amount of a Ukrainian pension are separate legal issues and depend on the applicable Ukrainian legislation and the circumstances of the individual case.

Why do problems arise?

• Changes in the international legal framework. The mechanisms that previously simplified the recognition of employment periods acquired in participating states are no longer applied in the same manner.
• Missing documents. Employment record books or other documents may have been lost, while access to russian archives and former employers is restricted.
• Difficulties with verification. Obtaining official confirmation from russian institutions may be impossible in practice.
• Errors in employment records. Incorrect entries, inconsistencies in names, dates, job titles or other information may result in the Pension Fund refusing to recognize a particular period.
• Disputes with the Pension Fund. In some cases, applicants have to challenge PFU decisions before an administrative court in order to protect their pension rights.

What should you do if the Pension Fund refuses to recognize your employment history in russia?

A refusal by the Pension Fund of Ukraine should not automatically be regarded as the final resolution of the matter. First, it is important to obtain and carefully analyze the written PFU decision and determine the exact reason why the relevant employment period was excluded.

The next step is to assess the available evidence, including the employment record book, archival certificates and other documents, and determine whether additional evidence can be obtained. If there are legal grounds to challenge the PFU's position, the decision may be appealed through the applicable administrative procedure or before an administrative court.

Depending on the circumstances, a claim may seek recognition of the PFU's decision as unlawful and require the Pension Fund to reconsider the pension application or include disputed periods in the applicant's pensionable service.

How can we help?

Our law firm has extensive experience in Ukrainian pension law, including cases involving foreign employment history and disputes concerning the recognition of pensionable service. We provide the following legal services:

• Legal consultation. We analyze your employment history, available documents and the legal grounds for recognizing periods of work in russia when applying for a Ukrainian pension.
• Document analysis and collection. We help identify the documents required to confirm employment periods and assist with obtaining available archival certificates, extracts and other evidence.
• Preparation of documents. We assist in preparing documents in accordance with the requirements applicable in Ukraine.
• Representation before the Pension Fund of Ukraine. We assist with pension applications, submit supporting documents and handle disputed issues with the PFU.
• Judicial representation. If the Pension Fund refuses to recognize periods of employment in russia, our pension lawyers can prepare an administrative claim and represent the client's interests in court.
• Alternative methods of confirming employment history. Where standard documents cannot be obtained, we analyze other legally available methods of proving the relevant employment periods.

We understand that obtaining a pension in Ukraine after years of employment in russia has become considerably more complicated because of changes in the international legal framework and the practical impossibility of obtaining certain documents. Our lawyers can assess your individual situation and determine the most appropriate strategy for protecting your pension rights.

The recognition of employment history acquired in russia when applying for a pension in Ukraine requires an individual legal assessment. Particular attention should be paid to the period during which the person worked, the available supporting documents, the applicable legislation and the reasons stated by the Pension Fund if it refuses to recognize the relevant employment history.

The Pension Center is ready to assist you at every stage – from analyzing and collecting documents to representing your interests before the Pension Fund of Ukraine and in administrative court.

Contact us today to receive professional legal advice and determine whether your employment history acquired in russia can be taken into account when applying for a pension in Ukraine.