1. The subject of the dispute is the lawfulness of the actions of the Main Department of the Pension Fund of Ukraine in the Khmelnytskyi Region regarding the calculation of the pension of PERSON_1 using the average salary indicator for 2014-2016, and not for 2019-2021.
2. The court of cassation instance, when considering the case, focused on the issue of the plaintiff’s compliance with the deadlines for applying to the administrative court. The court emphasized that a person must apply to the court within six months from the day when they learned or should have learned about the violation of their rights. The court noted that a pension is a monthly payment, and the person receiving it has the opportunity to find out its amount and components. The court also took into account that the plaintiff applied to the court with a request for recalculation of the pension only after a significant period of time after its assignment, which indicates the expiration of the term for applying to the court. The court departed from previous conclusions regarding the application of the terms for applying to the court in social disputes, emphasizing the need for active actions by the person to protect their rights.
3. The Supreme Court partially satisfied the cassation appeal, overturned the decisions of previous instances in the part of the claims regarding the recalculation and payment of the pension for the period that went beyond the six-month period before applying to the court, and dismissed these claims without consideration.
