Ivan Vitaliyevich Sych (the full name is changed, – Ed.) is 58 years old. In 2011, he retired in 2011 and was registered in one of the district offices of the Pension Fund of Ukraine in Donetsk. In autumn 2014, he was forced to move to Olexandrivka village in Kirovohrad oblast. After he was registered by PFU at his new place of residence, Ivan Vitaliyevich’s pension, which was suspended in August 2014, was restored, and he received the pension arrears.
But in November 2016, the local DoPFU unlawfully stopped payments, due to a Сommission on the Assignment (Restoration) of Social Payments to Internally Displaced Persons of the Oleksandrivka District State Administration of Kirovohrad oblast with regard to establishing the fact of Ivan’s absence from his actual place of residence in Oleksandrivka.
Following the reinstatement from 1 December 2017, the local PFU refused to pay the debt for the period from 1 November 2016 to 1 December 2017. Ivan Vitalyevich was unable to defend his rights and protect his proprietary interests, so in March 2018 he appealed to the CF ‘Right to Protection (R2P) hotline for help.
Lawyers in R2P’s Dnipro office consulted with him and took up the case. They prepared a statement of the claim in Kirovohrad District Administrative Court. In early May 2018, the court began proceedings, and on 5 June the claims were sustained. The court ordered the DoPFU in Kirovohrad Oblast to pay the man his due pension, and also to report on the execution of the court’s judgment within a month.
The Pension Fund did not comply with the judgment, so in March 2019 the lawyers of the R2P Dnipro office appealed to the Kirovohrad District Administrative Court. This time they asked for the findings on the DoPFU report, and, in case of failure to submit the report or false information provided in report, to impose a fine on the head of DoPFU for non-compliance with the decision and requirements of the court, in accordance with Article 382 of the Code of Administrative Procedure of Ukraine.
The court imposed a fine on the head of the DoPFU in Kirovohrad oblast for non-compliance with the court judgment, and awarded 50% of this fine to the plaintiff, Ivan Sych. On 18 April 2019, the judgment regarding the obligation to pay the pensioner his due pension for the period from 1 November 2016 to 1 December 2017, was fully executed. And after the Third Administrative Court of Appeal left the appeal of the DoPFU in Kirovohrad oblast without satisfaction in June of this year, the fine was paid and the amount was received by Ivan Vitaliyevich.