1. The subject of the dispute is the inaction of the Main Department of the Pension Fund of Ukraine in the Rivne region regarding the failure to accrue and pay OSOBA_1 an increase to the pension as a non-working pensioner residing in an area of radioactive contamination.
2. The Supreme Court, granting the cassation appeal, proceeded from the fact that, according to the Decision of the Constitutional Court of Ukraine dated July 17, 2018, No. 6-r/2018, the effect of Article 39 of the Law of Ukraine “On the Status and Social Protection of Citizens Affected by the Chernobyl Disaster” was restored in the wording that was in effect until January 1, 2015, which provides for the payment of an increase to the pension of non-working pensioners residing in areas of radioactive contamination. The court also took into account the conclusion of the Grand Chamber of the Supreme Court that the amount of the increase to the pension should be calculated based on the subsistence minimum for able-bodied persons, established as of January 1 of the corresponding calendar year. An important argument was that pension legislation does not require a pensioner to submit a separate application to receive this increase, since the pension authority already has information about the pensioner’s status and place of residence. Thus, the inaction of the pension authority regarding the failure to accrue and pay the additional payment is illegal.
3. The Supreme Court overturned the decision of the appellate court and upheld the decision of the court of first instance, obliging the Main Department of the Pension Fund of Ukraine in the Rivne region to accrue and pay OSOBA_1 the corresponding increase to the pension.
