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Military unities are eliminated, the grace period is not considered

Within 5 years the specialists of Chuhuiv human rights group provided legal aid to a man of venerable age, who fought for his right to preferential pension. 

First, lawyers of Law Community Centre were involved in this case and they won the court decision of first instance and the court of appeal in favour of the pensioner. Officials from the Pension Fund filed an appeal and recently, already the lawyers of the office of the Legal Development Network of the Chuhuiv human rights group achieved victory in the Supreme Administrative Court of Ukraine.

Georgii* addressed Chuhuiv human rights group. He complained that the Main Department of Pension Fund of Ukraine in Kharkiv region refused to confirm the periods of employment giving the right to pension on preferential terms: from July 3, 1981 to September 18, 1983 as a foreman, from 19 September 1983 to 19 March 1996 – as an executor.

During these periods Georgii worked in military units, building houses for the military personnel and related infrastructure, thereby, incidentally, contributed to the strengthening of the defense capability of our country.

However, by the decision of the Department of PFU in Kharkiv region on 30 March 2011, he was denied the confirmation of experience in these controversial periods, because, they say, the man did not provide for consideration of the Commission the document on the elimination of military units 67903 and 52337 without recognition of a legal successor.

Human rights activists helped him collect the necessary archival information and proved in court that the elimination of military units 67903 and 52337 without defining the successor and subject to the availability of the records in the labour book, which is confirmed by copies of orders and information contained in archival references, cannot be a basis for limiting the pension rights of the plaintiff.

Resolution of Chuhuiv city court of the Kharkiv region on September 6, 2011, was upheld and in the ruling of Kharkiv appeal administrative court dated 5 September 2012, the claim was satisfied: the defendant in the face of the Commission for the support of work experience in positions granting the right to pension on preferential terms at the Department of PFU in Kharkiv region is obliged to acknowledge and to award the plaintiff a preferential seniority for controversial periods of work.

However, employees of the Pension Fund filed an appeal. The lawyers helped the pensioner make grounded objections to the complaint.

The legal position of human rights defenders were supported by the Board of Judges. The judges stressed that there are indisputable evidence of the seniority of the plaintiff that generates the right to credit the grace experience.

The appeal of the Main Department of Pension Fund of Ukraine in Kharkiv region was left without satisfaction, and the resolution of Chuhuiv city court of Kharkiv region and the Kharkiv appeal administrative court – without changes. The decision is not appealable.

*Names are changed for ethical reasons.

P.S. The Legal Development Network offices are created and work with financial support of“Human Rights and Justice” Program Initiative of International Renaissance Foundation.  Read more about activity of Community Law Center network, basics and principles of work on Legal Space.

 The opinion of the International Renaissance Foundation cannot coincide with the point of view of authors of publication.

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