1. The subject of the dispute is the appeal against the actions of the Main Department of the Pension Fund of Ukraine in the Sumy region regarding the refusal to conduct pension indexation using the coefficients for increasing the average salary (income) indicator in Ukraine for 2019-2021.
2. The court of first instance, with which the Supreme Court agreed, satisfied the claim, based on the fact that when recalculating the pension for the purpose of indexation, the average salary indicator that was directly taken into account when assigning the pension should be used, and not the indicator as of October 1, 2017, as provided for by Procedure No. 124. The court indicated that the provisions of Procedure No. 124 are subject to application only in the part that does not contradict Law No. 1058-IV, which has a higher legal force. The court also took into account that pension indexation should be carried out in accordance with government resolutions that determine the coefficients for increasing the average salary (income) in Ukraine. The appellate court mistakenly overturned the decision of the court of first instance, as it did not take into account that when indexing the pension, the average salary indicator that was taken into account when assigning the pension should be used, and not the indicator as of October 1, 2017. The Supreme Court emphasized that there are no grounds to deviate from previous conclusions regarding the application of legal norms in similar legal relations.
3. The Supreme Court overturned the decision of the appellate court and upheld the decision of the court of first instance, which recognized the inaction of the Main Department of the Pension Fund of Ukraine in the Sumy region as illegal and ordered it to conduct pension indexation using the appropriate coefficients.
