Early Retirement Pension for Combatants in Ukraine: How to Challenge a Pension Fund Refusal

In 2025, thousands of combatants (war veterans) in Ukraine face issues related to pension provision. Combatant status entitles a person to an early retirement pension and other benefits, but the Pension Fund of Ukraine often refuses to grant a pension for formal reasons. Is it possible to challenge such a pension refusal? Yes, and Ukrainian court practice confirms this. In this article, we will examine Ukrainian legislation governing old-age pensions for combatants, the pension application procedure, common grounds for refusal, appeals against Pension Fund decisions, and examples from court practice. Our law firm provides comprehensive legal services related to pensions for combatants in Ukraine, helping clients challenge refusals and obtain the pension payments to which they are entitled.

Legal Framework for Pensions for Combatants in Ukraine

Under the Law of Ukraine “On the Status of War Veterans and Guarantees of Their Social Protection” No. 3551-XII, combatants are entitled to a range of benefits, including special provisions concerning pension benefits. The principal legislation governing pensions is the Law of Ukraine No. 1058-IV “On Compulsory State Pension Insurance.” In particular, paragraph 4 of part 1 of Article 115 provides for an early old-age pension for combatants: men may qualify from the age of 55 if they have at least 25 years of insurance record, while women may qualify from the age of 50 if they have at least 20 years of insurance record.

Combatants may also be entitled to an additional pension increase amounting to 25% of the subsistence minimum established for persons who have lost their capacity to work. Certain periods of military service and direct participation in hostilities may also be subject to special rules for calculating service or insurance periods under applicable Ukrainian legislation. The procedure for confirming such periods may require military certificates and other supporting documents issued by authorised bodies.

If combatant status is properly confirmed by a valid certificate, the Pension Fund must take this status into account when considering the pension application. Nevertheless, refusals frequently occur because of discrepancies in documents, insufficient confirmation of particular periods of service, or errors in calculating the applicant’s insurance record.

Procedure for Obtaining a Pension as a Combatant

1. Collection of documents: combatant certificate, passport, taxpayer identification number, employment record book, and certificates confirming military service and participation in hostilities issued by the Ministry of Defence, military unit, Territorial Recruitment and Social Support Centre, or another competent authority.
2. Submission of the application: the application and supporting documents may be submitted through the Pension Fund of Ukraine’s electronic services or directly to the competent Pension Fund authority.
3. Pension decision: if all statutory requirements are satisfied, the Pension Fund determines entitlement to the pension and calculates its amount based on the applicant’s insurance record, earnings and applicable pension increases.

If the Pension Fund refuses to grant a pension, it must issue a reasoned decision. Common reasons for refusal include an insufficient insurance record, failure to recognise particular periods of military service, discrepancies in supporting certificates, or other documentary issues.

Challenging a Pension Refusal: Court Practice

A decision of the Pension Fund of Ukraine may be challenged before an administrative court. As a general rule, a person should not delay after receiving a refusal, as Ukrainian procedural legislation establishes time limits for bringing an administrative claim. The court examines whether the Pension Fund acted lawfully and whether the applicant’s pension rights were properly assessed under Ukrainian legislation.

Example from court practice. In 2024, a combatant applied for an early retirement pension and submitted certificates issued in 2022 confirming his direct participation in hostilities during the Russian Federation’s aggression against Ukraine. The Pension Fund refused the application, referring to the alleged non-compliance of the documents with subsequently introduced requirements. The applicant challenged the refusal before the administrative court in case No. 580/4931/24. One of the key arguments was that the applicant’s combatant status was valid and that requirements introduced after the relevant certificates had been issued could not automatically invalidate documents that were valid when issued. The court upheld the claim, overturned the refusal and ordered the competent pension authority to reconsider the pension application in accordance with the applicable legislation.

Ukrainian court practice demonstrates that Pension Fund authorities should not disregard a duly established combatant status merely because of formal deficiencies in supporting documentation. Where a refusal is based on an excessively formal interpretation of the law, judicial review may provide an effective mechanism for restoring the applicant’s pension rights.

Our Legal Services: Assistance with Pension Applications and Appeals

Our law firm specialises in pension matters involving combatants and war veterans and in challenging refusals issued by the Pension Fund of Ukraine. We provide comprehensive legal assistance aimed at helping clients obtain an early old-age pension and protect their pension rights:

• Legal consultation – assessment of your circumstances and review of available documents.
• Preparation of the pension application – collection and analysis of evidence, preparation of certificates and submission of documents to the Pension Fund.
• Appeal against a pension refusal – preparation of an administrative claim, representation before the court and, where necessary, representation in appellate proceedings.
• Assistance with pension payments – monitoring implementation of the decision and challenging unlawful delays or incorrect calculations.
• Remote legal services – assistance is available to clients throughout Ukraine and to Ukrainians residing abroad.

Our lawyers have experience assisting combatants in protecting their pension rights, including cases where Pension Fund refusals must be challenged through administrative courts. Each case is assessed individually, taking into account the applicant’s military service, insurance record, available documents and current court practice.

Stages of Our Legal Assistance

1. Initial consultation: analysis of documents and calculation of the applicant’s insurance record.
2. Preparation: collection of evidence and development of the legal position under Laws No. 3551-XII and No. 1058-IV.
3. Application or appeal: submission of documents to the Pension Fund or preparation and filing of an administrative claim before the court.
4. Implementation of the decision: legal assistance with the actual granting and payment of the pension following a favourable decision.

Obtaining a pension as a combatant in Ukraine is an important statutory social guarantee recognising a person’s military service and participation in the defence of Ukraine. Bureaucratic obstacles or formal deficiencies in documents should not automatically deprive a person of the right to an early retirement pension. If the Pension Fund of Ukraine has refused to grant your pension, the decision may be challenged. Our lawyers can provide professional assistance in appealing Pension Fund decisions, preparing the necessary documents and representing your interests before Ukrainian administrative courts.