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Military Retirees Win Court Cases but Still Won’t Get Paid: Here’s Why

Військові пенсіонери успішно доводять свої права в суді, але кошти ще не надійшли: що заважає виплатам? Photo: ХВИЛЯ

How Decree No. 821 Affects Military Pensioners

Even after winning lawsuits for pension recalculations, military retirees may never see the full amounts ordered by the court. This is due to Decree No. 821, which took effect on July 17, 2025. Under this decree, court rulings are only acknowledged on paper—actual payments remain at previous levels with only a small supplement added. To receive the full pension sum, a retiree must file a separate lawsuit arguing that Decree No. 821 should not apply to their case. And if new decrees emerge, this process may have to be repeated all over again.

Additional Hurdles for Pensioners

Decree No. 821, effective since July 17, 2025, has changed how court decisions are implemented. Specifically, rulings that became legally binding after that date are now enforced in line with this decree. For example, if a military retiree’s pension was 5,000 hryvnias and a court ruled it should be 10,000 hryvnias, they will actually receive only 5,000 hryvnias plus a modest extra payment. This supplement can range from 877 to 1,000 hryvnias, along with roughly 100 hryvnias in arrears from the previous period.

As one lawyer explained: 'Let’s say a person’s pension was 5,000 hryvnias, and the court decided it should be 10,000 hryvnias. But because of Decree No. 821, what will they actually get? That’s right—they’ll keep getting the old 5,000 hryvnias plus a supplement of maybe 1,000, 982, or 877 hryvnias, like what was paid this month. And also about 100 hryvnias in back pay for the past period.'

To obtain the full pension amount, a separate lawsuit must be filed arguing that Decree No. 821 should not apply. The lawyer added: 'You have to prove each time that applying this decree to your pension—and to the court ruling that set your new pension amount—is unlawful. In other words, while the decree is in effect, you must repeatedly show that its application is improper and should be blocked. Only then will you get the real enforcement of the court decision, paying you the full amount the court ordered.'

There is also Decree No. 713, which concerns social assistance benefits of 2,000 hryvnias. The lawyer also suggested that Decree No. 822 could come into force on July 17, 2026. This could create even more obstacles for military retirees trying to secure the payments they are owed.

Given these new requirements, military retirees find themselves in a difficult position. To obtain fair payments, they must go through additional court proceedings that demand both time and resources. Future decrees may further complicate the process, threatening the financial stability of this group. This highlights the need to keep a close eye on legislative changes and to actively defend one’s rights through the courts.

The implications of Decree No. 821 extend beyond individual cases, highlighting systemic issues within the pension system. For a deeper understanding of the challenges retirees face in receiving the full amounts mandated by courts, it's essential to explore how the Ukrainian Pension Fund is also failing to deliver the complete sums owed to retirees. This situation underscores the broader financial struggles that many are encountering. You can read more about this issue here.