The judge lost patience.
Relations between the employees of the Pension Fund and the elderly reach the level of bullying, questioning the level of moral values, professionalism and intellectual abilities of persons authorized to represent the state. This is stated in the decision of the District Administrative Court of the city of Kyiv dated September 16, 2022 in the case regarding the transfer of pension, which was published in the Unified Register of Court Decisions.
In the specified case, which has been going on since 2021, the court ordered the Main Department of the Pension Fund of Ukraine in the city of Kyiv to transfer the pension based on the pensioner's application.
< span>The court clearly referred to the legal norms that were violated by the management of the pension fund, and ordered to carry out a recalculation of the pension, with a clear indication of the date from which the pension should be recalculated, as well as indicating in what amount the pension supplement should be made.
“That is, it is defined in a clear and accessible language that does not require excessive intellectual load on the part of the State Administration of PFU … that is understandable even to an outside observer who is not burdened by the intricacies of specific legislation,” the court's decision reads.
However, in July 2022, the pensioner appealed to the court again, because the pension fund management, while executing the court decision, again underpaid the pensioner, having misinterpreted the decision.
This angered the judge quite a bit, who noted that PFU employees are mocking the elderly and manipulating information for the purposeprojected on relations with the elderly, pensioners, which reaches the level of bullyingover these persons by persons representing the State , who manipulate terms and discretion in order to not implement the court decision in favor of the pensioner,” the judge noted.
In the final part of the decision, the judge threatened that in case of continuation of arbitrary interpretation of court decisions, which has already acquired the character of a system, the court will send materials to law enforcement agencies.
“To draw the attention of the State Administration of PFU in Kyiv that in the event of the continuation of the systematic arbitrary interpretation of court decisions, which is obviously carried out consciously and for the purpose of non-implementation of court decisions in favor of pensioners, the specified information will be systematized by the court for presentation to specialized law enforcement agencies for< span class="hiddenSuggestion" onkeypress="vyrishuvaty_problemu---#---2---#---Better: "problem solving"---#---" -="" ---=" ">resolving issues of a criminal-legal nature, which will have its own assessment by the court in terms of responsibility within the framework of monitoring the execution of the court's decision,” the judge emphasized.
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Remember,The pension fund calculates hundreds of pensioners, making systematic errors. And the District Administrative Court of Kyiv is flooded with lawsuits – in 50% of administrative lawsuits, the Pension Fund of Ukraine is named as the defendant.
Among the requirements of the specified lawsuits is an appeal against the refusal to transfer the pension.
In addition, the plaintiffs ask the court to oblige the relevant bodies of the Pension Fund to recalculate and pay the pension.
Let us remind you that This problem has been going on for years. Moreover, the number of lawsuits against the Pension Fund is increasing from year to year.
So, back in 2019, the judge of the District Administrative Court of the city of Kyiv, Ruslan Arsiriy, said, that lawsuits to the PFU are one of the most numerous categories of cases. At that time, they accounted for almost 20% of all court filings.
One of the main reasons for court appeals is incorrectly calculated or transferred pensions.
< p style="text-align: justify;">“The pension fund makes systemic mistakes, and the pensioner suffers. And this is a problem that should be solved by the executive power, and not transferred to the courts, generating unnecessary work “, the judge was indignant.
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And, every 4 out of 5 pension disputes the OASK decides in favor of the plaintiffs.
