The decision of the Supreme Court of Ukraine regarding pension assignment
The Supreme Court of Ukraine in case No. 300/8132/23 stated that the presence of an entry in the employment record book is not an automatic basis for counting the period of work towards insurance experience when assigning a pension. This decision was the result of the consideration of a case in which the Pension Fund canceled the decision on pension assignment, taking into account the person's work at the enterprise 'Michel' from 1992 to 2003.
The enterprise 'Michel' was liquidated in 2002, and the entry about the dismissal in the employment record book was dated 2004. An important factor in this case was the absence of an identification code on the stamp and data in the personalized accounting system. Despite the fact that lower instance courts supported the plaintiff, the Supreme Court partially sided with the Pension Fund, emphasizing that the employment record book is not a sufficient basis for confirming insurance experience.
The importance of documentary confirmation
This decision of the Supreme Court emphasizes the importance of documentary confirmation of insurance experience when assigning a pension, as well as the need to adhere to established norms and procedures. It may have an impact on similar cases concerning the pension rights of individuals, as the court recognizes that the insufficiency of documents may lead to the refusal to assign a pension, even if the person has entries about their work in the employment record book.