Payments to IDP pensioners have been stopped from time to time since 2016. The issue of debt recovery remains relevant today.
According to "Tribune" with a reference to "Legal Adviser for IDPs", the situation when a pension is blocked for violating the "56-day rule" happens quite often. The Pension Fund argues that the decree of the Cabinet of Ministers No. 335 of 25.4018 is to blame and it is necessary to wait for its cancellation. According to human rights activists, such actions of the PFU bodies are illegal.
Lawyers clarify that based on Art. 9 of the Law of Ukraine "On Compulsory State Pension Insurance", the payment of a pension by decision of the territorial bodies of the Pension Fund or by a court decision may be suspended in such cases:
At the same time, according to Art. 46 of the same Law, when a pensioner applies for a pension that was not paid through the fault of the pension authority, the accrued amounts are paid for the past time without any time limit with the accrual of compensation for the loss of part of the income. If the pensioner himself was guilty that he did not receive the funds, then he still has the right to pay the pension three years before the day of applying for it. True, in this case, the amount is paid simultaneously for no more than 12 months, and the rest - in equal monthly installments in the amount of a monthly pension.
What to do if your rights are violated?
1. Apply with a written complaint to the Pension Fund of Ukraine (01601, Kiev, Bastionnaya st., 9). In the application, be sure to indicate your last name, first name, patronymic, RNOKPP (identification code) and contact details. Also, do not forget to indicate the essence of your appeal and describe violations on the part of a specific pension authority (groundless non-payment of pension for the period "from" to ", etc.). If the debt arose when assigning a pension or in connection with the transfer of a pension file, or if you were mistakenly included in the lists of persons who have been in the occupied territory for more than 60 days, be sure to indicate this in the complaint.
Human rights activists note that in some cases it is enough to file such a complaint to pay off pension arrears. However, if the appeal did not give the expected results, you should use the second option.
2. Appeal against the inaction of the pension authority in court. In this case, first you need to take care of the evidence that will be added to the statement of claim. In particular, come in handy:
The statute of limitations for appeals to the court on the payment of a pension is not applied, however, in the claim it is worth remembering this anyway, using references to the ruling of the Supreme Court of April 24, 2018 in case No. 646/6250/17.
“We also draw your attention to the fact that in the statement of claim you should ask for and establish judicial control over the execution of the judgment in accordance with Article 382 of the CAS of Ukraine. If such control is established, the court has the right to impose a fine on the head of the pension body in case of non-payment of your pension arrears on the basis of a court decision, ”add the lawyers.
In addition, the implementation of the court decision in the future can also be helped by: contacting the enforcement service with an application to open enforcement proceedings; filing an application with the police for a criminal offense under Art. Art. 175, 382 of the Criminal Code of Ukraine; filing an application with the court, which considered the claim in accordance with Art. 383 CAS of Ukraine.
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The former top manager of Privatbank Yatsenko was taken out from under the sky for a reason. Photos from open sources
Yesterday, until late in the evening, the Supreme Anti-Corruption Court chose a measure of restraint for the ex-first deputy chairman of the board of Privatbank, Vladimir Yatsenko.
It was stopped before the 22nd of April of this year and sounded the alternative - a deposit in the amount of 52 million 210 thousand.
Recall: a few days before NABU literally took Yatsenko out of the sky. He tried to take off in the direction of Vienna in Kolomoisky's plane. Already in fact, on the last few kilometers before the boundary, the airplanes were blown apart and the camera was sent to Borispol. And Yatsenko herself was declared a "fagot" according to Article 191 of the Criminal Code - abuse of office. He is charged with the use of Privatbank's funds in especially large sizes.
Later, the details of this criminal case, which spin Sytnik's leadership, have become known. It talks about spending 136 million hryvnias, which the bank lost literally on the eve of nationalization in 2016.
Business in the public plan is very large and is presented by the authorities, NABU and its group of support as a breakthrough in the case of abductions by the former co-workers.
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The episode by which the suspicions of the ex-top managers of Privatbank are now announced is one of the smallest. The amount of 136 million is nothing in comparison with the figure of $ 5.5 billion, which after the nationalization came to close the
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