The Supreme Court of Ukraine has adopted a positive decision on the resumption of payment of a pension to an IDP who was previously deprived of it due to verification by the lists of the SBU, Charitable Foundation The Right to Protection reports.
"The Supreme Court has satisfied the claim in full! So, after the model decision comes into legal force, all such cases should be considered in a simplified manner and the decisions must be taken in accordance with the decision of the Supreme Court", - the foundation wrote on Facebook.
This year, the Donetsk Regional Administrative Court referred Case No. 805/402/18-a to the Supreme Court as an exemplary one, since there were more than 200 similar cases in the proceedings of the court. The pensioner, who moved to Bakhmut district, stopped getting her pension on April 1, 2017 on the basis of Government Decision No. 365 of June 8, 2016, namely because of "verification by the SBU lists".
On March 29, 2018, the Supreme Court began examining a model case, and its decision would be applied in all similar cases. Having started the consideration of the case, the court concluded that it was necessary to obtain additional information and materials from the defendant, as well as the need to hold a trial with summoning the parties to the Supreme Court.
On April 19, an open court hearing took place, in which representatives of the plaintiff (the lawyer of the Charitable Foundation The Right to Protection Serhiy Shkramada and the senior strategic lawyer Oleh Tarasenko) argued that depriving internally displaced persons of pensions on the basis of the so-called "SBU lists” and the Resolution of Cabinet of Ministers of Ukraine No. 365 of June 13, 2016, is illegal.
The Right to Protection noted that in 2017, the organization helped to protect the rights of IDP pensioners in 430 court cases, 96% of the court decisions were positive.