The Ongoing Crisis of Unpaid Court-Mandated Pensions
Despite winning court rulings, many Ukrainian pensioners are still unable to collect their due payments because of Cabinet Resolution No. 821, enacted last summer. This decree permits the Pension Fund of Ukraine (PFU) to settle court-ordered debts only when budget funds are available. This year, only 1 billion hryvnias were allocated for these payments, while the PFU's total debt to pensioners under court orders has skyrocketed to 91 billion hryvnias. Although the Kyiv District Administrative Court declared Resolution No. 821 illegal, the case is currently under appeal.
Step-by-Step Guide for Pensioners Seeking Payment
In the spring, the Ministry of Social Policy drafted a new resolution to replace the old one, but during public consultations, it received support from just 23 people, while 1,669 (99 percent) opposed it. With PFU debts continuing to mount, lawyers advise pensioners to follow a specific procedure to secure their payments:
- Step one: Formally submit your claim in writing through the official PFU online portal.
- Step two: Properly file your writ of execution. The correct authority depends on the court's ruling: if the court ordered the PFU to pay a specific debt, submit to the State Treasury Service; if it ordered a pension recalculation, submit to the State Enforcement Service.
- Step three: Seek judicial oversight under Article 382 of the Code of Administrative Procedure. As per Article 383, you must collect all PFU refusals and evidence, then file a new motion to have the Fund's inaction declared unlawful.
Lawyer Iryna Polyakova notes: 'If they allocate just one billion each year, the debt will be paid off in 91 years. That means a 70-year-old who won their case today, under this math, would get their money at age 161.'
Understanding this process is crucial for pensioners trying to collect their rightful payments, given the severe funding shortages and legal complications tied to Resolution No. 821.
This situation highlights deep flaws in Ukraine's social security system. With the PFU's debt growing and insufficient budget resources, pensioners face major obstacles in receiving their legally mandated payments. The new draft resolution's weak public support suggests that a long-term fix remains uncertain, raising serious concerns for pensioners and their families.