Law Establishes Procedure of Issuing Certificates as for Period of Work for Liquidation of Chernobyl Disaster Consequences, Fact of Participation in Liquidation of This Disaster May not Be Established in Judicial Procedure – SC GC

An individual applied to the court with a claim on the establishment of the fact of his participation in the liquidation of the Chernobyl disaster consequences. The applicant has collected documents for the application for pension and had to confirm the fact of carrying out work for the liquidation of the Chernobyl disaster consequences by means of providing the certificate of form No. 122. However, he could not get such a certificate, since he did not have primary documentation, which would confirm his participation in the liquidation of the Chernobyl disaster consequences. Nevertheless, the applicant was acknowledged as the participant of the liquidation of the Chernobyl disaster consequences and was provided with relevant certificate.

Local court had satisfied the noted claim. Appeal court cancelled the judgment of this court, closed the proceedings in the case and remarked that the law determined another procedure, allowing an individual confirm the fact of the participation in the liquidation of the Chernobyl disaster consequences.

The Grand Chamber of the Supreme Court supported the conclusions of the appeal court and noted that pursuant to part 4 of Article 15 of the Law of Ukraine “On the Status and Social Protection of Citizens Who Suffered from the Chernobyl Disaster”, the issuance of certificates as for the period of work (service) for the liquidation of the Chernobyl disaster consequences, as well as in radioactively contaminated zone, on the salary for this period, shall be performed by enterprises, institutions and organizations (military commissariats), and on the period of inhabiting the radioactively contaminated zone, evacuation, compulsory evacuation, self-imposed resettlement – by local self-government bodies.

At the same time, in case of refusal to entitle pension on referential terms, the dispute between an individual, who has right to such pension, and the Department of the Pension Fund of Ukraine shall be solved in administrative procedure.

Follow the link, to see the full text of the Resolution of the Grand Chamber of the Supreme Court of 18 December 2019 in the case No. 370/2598/16-ц (proceedings No 14-573цс19): http://www.reyestr.court.gov.ua/Review/86877191.