Civil Society Warns Against Adopting Draft Resolution on Changing Pension Payment Mechanism After Court Recalculation

Human rights organizations, including East SOS, have presented their position on a draft resolution of the Cabinet of Ministers of Ukraine proposing changes to the procedure for paying pensions recalculated following court decisions. They warn that the current version poses serious risks to human rights and call on the government not to adopt it as it stands.

• What is the main risk for citizens?

The draft introduces a new mechanism for paying pensions that were recalculated based on a court decision after incorrect calculations by the Pension Fund of Ukraine. Instead of paying these amounts promptly and in full, the draft suggests making payments gradually, depending on the available budget of the Pension Fund. If funds are insufficient, payments may be delayed and stretched over decades.

In practice, even after winning a court case, a person would not receive the funds they are legally entitled to. Court decisions would effectively no longer be subject to immediate enforcement: assuming funding levels remain the same as in 2026, it could take approximately 91 years to enforce court decisions and repay the state’s debt to citizens. This renders the proposed mechanism effectively meaningless.

• What else is problematic about the draft?

The proposed resolution undermines the right to a fair trial, erodes trust in the state as a guarantor of human rights, and may lead to new litigations and increased social tension among pension recipients.

Representatives of civil society organizations highlight a paradox: individuals who challenged incorrect pension calculations in court and won their cases could end up in a worse position than those whose pensions were calculated correctly from the onset. This creates inequality and may amount to discrimination.

Importantly, this approach mirrors a mechanism previously recognized as unlawful, which was proposed under Resolution No. 821. There is therefore a significant risk that this draft will face the same outcome.

Given this, human rights organizations call on the Cabinet of Ministers of Ukraine not to adopt the draft resolution in its current form and to send it for revision, with the involvement of civil society, representatives of the judiciary, and experts.

Lawyers at East SOS handle numerous pension-related cases, including those involving recalculations. The adoption of this resolution would not improve the process. Instead, it would deprive thousands of Ukrainians receiving pensions of a real chance to obtain justice.

Detailed arguments are available in the full position statement below/via the link. To support the position, please use the link.

Signed by:

• CF “Right to Protection”
  
• Civil Holding “GROUP OF INFLUENCE”
  
• Human Rights Center ZMINA
  
• CF “East SOS”
  
• NGO “CrimeaSOS”
  
• NGO “Donbas SOS”
  
• NGO “Crisis Insight”
  
• Crimean Human Rights Group
  
• NGO “Southern Development Strategy”
  
• CF “Volunteers of Kherson Region”
  
• NGO “Girls”
  
• CF “ROKADA”
  
• CF “Stabilization Support Services”

Recently, the Coalition of Human Rights Organizations issued a statement regarding the proposal to merge the Derzhmolodzhytlo and the Ukrfinzhytlo.