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    Case No. 400/4842/25 dated July 21, 2026

    Here is the detailed analysis of the court decision, prepared in accordance with your request:

    1. **Subject matter of the dispute:** Challenging the inaction of the Pension Fund regarding the refusal to recalculate a pension based on updated certificates of monetary remuneration and the unlawful capping of the pension at the maximum amount.

    2. **Main arguments of the court:**
    * The court established that the receipt by the Pension Fund of updated certificates regarding the amount of monetary remuneration, issued by an authorized body in execution of a court decision, serves as sufficient grounds for an automatic pension recalculation.
    * The Supreme Court emphasized that requiring a pensioner to submit an additional application for recalculation in a situation where the necessary documents have already been received by the Pension Fund authority from the authorized body constitutes excessive formalism.
    * The lower courts erroneously applied outdated versions of Procedure No. 3-1, which were not in effect at the time the disputed legal relations arose, which led to an incorrect conclusion regarding the mandatory requirement to submit an application.
    * Regarding the capping of the pension at the maximum amount, the court reaffirmed its consistent position that any limitation on the maximum amount of pensions for persons covered by Law No. 2262-XII contradicts the social guarantees enshrined in the Constitution of Ukraine.
    * The court noted that the recalculation of a pension in connection with a change in monetary remuneration must be carried out from the first day of the month following the month in which the circumstances causing the change in the pension amount occurred.
    * **Legal Position:** In this decision, the court notes that it is departing from the previous position set forth in the Supreme Court resolutions dated October 20, 2025 (case No. 600/3516/24-a) and October 22, 2025 (case No. 420/3824/25) regarding the lack of legal grounds for issuing certificates applying a calculation value in the form of the subsistence minimum for able-bodied persons during the effective period of Resolution No. 481.

    3. **Court decision:** The Supreme Court granted the cassation appeal, overturned the decisions of the lower courts regarding the refusal to recalculate the pension, and rendered a new decision obliging the Pension Fund to perform the recalculation of the plaintiff’s pension based on the updated certificates.

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