The lawyer helped the pensioner to receive a supplement to her pension in the amount of two minimum wages

According to the decision of the Constitutional Court of Ukraine in case No. 6-r/2018, unemployed pensioners who live in the territory of radioactive contamination due to the accident at the Chernobyl nuclear power plant have been restored the right to receive a pension supplement in the amount of one, two or three minimum wages. However, still not all pensioners are aware of the fact that they have additional social guarantees and certainly not everyone knows how to implement them.

So, Ms. Khrystyna* turned to the lawyer of the Kovel Legal Aid Bureau, whose work is supported by the DRC. From the day of the accident at the Chernobyl nuclear power plant until today, the pensioner lives in the village of Radoshinka, Kamin-Kashir district, Volyn region, which, according to the List of settlements assigned to the zone of radioactive contamination as a result of the Chernobyl disaster, approved by Resolution of the Cabinet of Ministers of Ukraine No. 106 of 07.23.1991, is assigned to the zone of guaranteed voluntary resettlement.

The woman reported that she has been applying to the Pension Fund of Ukraine for more than one year in vain, because every time the employees of the territorial administration of the PFU assure that Ms. Khrystyna has no reason to recalculate her pension as a citizen who suffered as a result of the Chernobyl disaster.

The lawyer studied the circumstances of the case and prepared a statement to the Main Department of the PFU in the Volyn region about the recalculation of the pension. However, the pensioner did not receive a response to the application within the time limit established by law. After the complaint prepared by the lawyer to the PFU, the answer did come, but it contained yet another refusal to carry out the pension recalculation.

Therefore, the lawyer prepared a statement of claim to recognize the actions of the Main Directorate of the Pension Fund of Ukraine in the Volyn region regarding the refusal to recalculate the pension as illegal and the obligation to perform actions - to recalculate the pension.

By the decision of the Volyn District Administrative Court, Ms. Khrystyna's claim was fully satisfied and obliged the Main Department of the PFU in the Volyn Region to calculate and pay an increase to the pension as of June 7, 2023, as an unemployed pensioner living in the territory of radioactive contamination, in an amount equal to two minimum salaries (according to the Law on the State Budget for the relevant year).

For reference. Article 39 of the Law of Ukraine "On the Status and Social Protection of Citizens Affected by the Chernobyl Disaster" as amended

On January 1, 2015, it provided for an increase in the pension of unemployed pensioners who live in the territories of radioactive contamination in the following amounts:

- in the zone of unconditional (mandatory) resettlement - three minimum wages;

-in the zone of guaranteed voluntary resettlement - two minimum wages;

- in the zone of enhanced radio-ecological control - one minimum wage.

On December 28, 2014, the Law of Ukraine "On Amendments and Revocation of Certain Legislative Acts of Ukraine" was adopted, which, in particular, amended the Law of Ukraine "On the Status and Social Protection of Citizens Affected by the Chernobyl Disaster" by excluding Articles 31, 37, 39 and 45.

However, the decision of the Constitutional Court of Ukraine No. 6-r/2018 of July 17, 2018 recognized as not in accordance with the Constitution of Ukraine (unconstitutional), in particular, the provisions of amendments to Article 39 of the Law of Ukraine "On the status and social protection of citizens who suffered as a result of the Chernobyl accident disaster".

The issue of dividing the territory into appropriate zones is regulated by the Law of Ukraine "On the Legal Regime of the Territory Exposed to Radioactive Contamination as a Result of the Chernobyl Disaster". The complete list of settlements classified as zones of radioactive contamination as a result of the Chernobyl disaster was approved by Resolution No. 106 of the Cabinet of Ministers of the Ukrainian SSR dated July 23, 1991.

What categories of pensioners are entitled to the specified supplement?

The pensioner has the right to the specified additional payment if the following conditions are met:

- the pensioner permanently lives in one of the zones of radioactive contamination;

- the pensioner does not officially work;

- the pensioner has an appropriate identification card of a person who suffered as a result of the Chernobyl disaster.

How to get the specified additional payment?

The supplement is made by the territorial body of the Pension Fund of Ukraine, in which the pensioner is registered. Therefore, it is worth starting with a written appeal to the territorial body of the PFU with a request to recalculate the pension in accordance with Article 39 of the Law on the Status and Social Protection of Citizens Affected by the Chernobyl Disaster.

If the authorities of the Pension Fund of Ukraine refuse to calculate and pay such an increase to the pension, such a right can be restored in court, as Ms. Khrystyna did.

The provision of free legal aid is carried out in cooperation with the Western Interregional Center for the Provision of Free Legal Aid and the Danish Refugee Council for funding within the framework of humanitarian aid from the European Union.

*Name has been changed.