As of today, many citizens affected by the Chornobyl catastrophe have court decisions on recalculation and payment of state and additional pensions in the amounts established by law, but such decisions remain unfulfilled for a long time due to lack of funds in the state budget. .
Thus, the state de jure recognizes the citizen’s right to recalculate and pay pensions, determines guarantees of execution of decisions where the debtor is a state body, creates a special procedure for execution of decisions with the entry of such enforcement proceedings in the Register of decisions guaranteed by the state and sending documents to the Treasury. , but de facto – citizens for years beat the thresholds of the pension fund, the executive service, the treasury in the hope of getting their money.
As a rule, in such cases, the State Enforcement Service and the State Treasury Service are not involved in delays in making appropriate payments, and therefore filing complaints, appealing against the actions of state bodies in court will be ineffective in protecting violated rights. In this case, it is advisable to apply to the European Court of Human Rights for protection of their rights regarding the long-term non-compliance by the state of Ukraine with a court decision that has entered into force.
By failing to comply with the court decision, the state of Ukraine violates:
- Part 1 of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as reasonable time limits for the execution of a court decision are violated;
Article 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as a person is deprived of the opportunity to receive funds awarded to him in accordance with the final and binding court decision due to lack of budget allocations. Accordingly, such a person is deprived of an effective remedy.
- Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms, as a person is deprived of the right to use his or her property for a long time: cash (pension benefits) awarded to him or her in accordance with a court decision.
- Also relevant is the question of the period for which the pension fund is obliged to recalculate the pension, if the court decision indicates only the beginning of such a period, and the legality of termination of pension payments by court decision due to amendments to legislation in 2011.
In short, I would like to note that the recalculation of the pension is carried out from the date specified in the court decision and is not limited by any terms, at the same time the recalculation cannot last longer than the provisions of the law that formed the basis of the court decision. If the pension accrual mechanism has been changed, the pension is calculated in accordance with the procedure established by law, and a court decision cannot be a guarantee against legislative changes in the field of pension provision in the future.
The European Court of Human Rights in its judgment “Velikoda v. Ukraine »from 03.06.2014 did not see a violation of Article 1 of Protocol №1 to the Convention for the Protection of Human Rights and Fundamental Freedoms in the event of a reduction in the applicant’s pension in connection with amendments to the Law of Ukraine “On the State Budget of Ukraine” under the legal procedure. He pointed out that the state is endowed with a wide range of discretion to achieve a balance between the interests of society and the rights and freedoms of the individual. Accordingly, the decrease in pensions was caused by financial difficulties and due to the economic policy of the state of Ukraine.