Direct participants in hostilities in the anti-terrorist operation shall have the right to receive an early age pension

Participants in hostilities, who protected the independence, sovereignty and territorial integrity of Ukraine and directly participated in the Anti-Terrorist Operation and ensured its duly conducting, shall have the right to receive an early age pension from the moment of their appeal.

That was a decision of the Supreme Court sitting as a Panel of the Administrative Cassation Court and having considered a case under the claim against the Pension Fund.

Ukrainian citizen, who participated in the ATO and ensured its duly conduction and protection of the independence, sovereignty and territorial integrity of Ukraine on the territories of the city of Mariupol (Donetsk oblast), Donetsk oblast (sector “B”), in the cities of Marinka and Avdiivka (Donetsk oblast) and is a participant in hostilities, asked the Pension Fund to grant him an early age pension.

Department of the Pension Fund of Ukraine refused him for the reason that he participated in the ATO but not in the hostilities, and therefore shall not enjoy the right to have an early age pension as provided for by paragraph 6, Item 3, Chapter XV “Final Provisions” of the Law of Ukraine “On Mandatory State Pension Insurance”.

While assessing arguments of parties of the case and decisions of the courts of the first and appeal instances, the Supreme Court noted that as it is known from Certificate on his direct participation in the ATO, in ensuring its duly conduction and protection of the independence, sovereignty and territorial integrity of Ukraine, which was issued by the military unit, this citizen participated in the ATO from 18 March 2015 till 30 April 2015 and from 10 May 2015 till 7 September 2015, and ensured its duly conduction and protection of the independence, sovereignty and territorial integrity of Ukraine in the ATO zone on the territory of Donetsk oblast in  sector “B” and in the cities of Marinka and Avdiivka of Donetsk oblast.

Therefore, when asking the Pension Fund to grant him an early pension, he submitted all the necessary documents, in particular the veteran identification card and the certificate on his direct participation in the ATO, which acknowledge his participation in hostilities, that is good enough for granting him an early age pension according to paragraph 6, item 3, Chapter XV “Final Provisions” of the Law of Ukraine “On Mandatory State Pension Insurance” and Article 16 of the Law of Ukraine “On Pension Provision”.

Pursuant to the just decision of the first instance court that was upheld by appeal court, decision of the Department of the Pension Fund of Ukraine on refusing to grant a citizen as a participant of military activities an age pension was recognized illegal and was reversed. Respondent was obliged to grant him an age pension in his capacity of participant in hostilities from the moment of his appeal, as prescribed by Article 16 of the Law of Ukraine “On Pension Provision” and paragraph 6, item 3, Chapter XV “Final Provisions” of the Law of Ukraine “On Mandatory State Pension Insurance”.

Resolution of the Supreme Court of 6 November 2018 in the case No. 591/3086/16‑а – http://reyestr.court.gov.ua/Review/77665164.