The court found illegal the abolition of pension payment to IDP
11:49 / 24 Mar. 2017 / 531
The Donetsk Administrative Court of Appeal found illegal the abolition of the payment of a pension to a resident of an uncontrolled part of Luhansk region stated in the decision which was taken by the court on 17 March.
The reason for the trial was the lawsuit of a resident of Dovzhansk, Luhansk region, who had been registered in Starobelsk as an IDP according to the current legislation. However, in March 2016, the payment of pension had been ceased. The pensioner did not agree with this decision and appealed against him in the court.
In February the District Court of Starobelsk granted his claim and found the actions of the pension fund management discriminatory and illegal. Thus, the court obliged the fund to renew payments to the pensioner.
The court concluded that Ukraine had not declared a military or emergency situation, and the laws of Ukraine “On compulsory pension insurance” and “On temporary measures for the period of conducting ATO” do not establish restrictions on the right to receive pension payments.
In the court session it was established that the reason for the termination of pension payments was the absence of the displaced person at the place of actual residence on the territory under Ukraine’s control. In his turn, the pensioner noted that the pension fund checked the place of actual residence of internally displaced persons only, but does did not control the location of other Ukrainian citizens and did not deprive them of the right to pension payments. Thus, according to the plaintiff, the deprivation of his pension was a manifestation of discrimination against him as an inhabitant of the uncontrolled territories.
The Pension Fund disagreed with these conclusions and appealed, but on 17 March, the Donetsk Administrative Court of Appeal fully supported the decision of the District Court of Starobelsk.
Moreover, Raisa Khanova, the chairman of the court, made a private decision and informed the Cabinet of Ministers about numerous cases of groundless termination of payments of pensions to displaced persons.
According to the judge, this was a manifestation of the violation of the Constitution of Ukraine and infringes on human rights. Thhe court questioned the legality of the use of the Commission’s conclusions on the allocation of social benefits to internally displaced persons, at the time of appointment and payment of pensions. According to the legislation, the Cabinet of Ministers is given a month to eliminate the causes and conditions that cause such violations of the law.
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