1. The subject of the dispute is the appeal against the refusal of the Ministry of Internal Affairs to prepare documents for the assignment of a pension for long service.
2. The court of cassation overturned the decisions of the courts of previous instances, indicating that the right to a pension for long service is determined at the time a person applies for the оформлення (registration) of documents for the assignment of a pension, and not at the time of dismissal from service. Since the plaintiff applied for the оформлення (registration) of documents after the amendments to Procedure No. 393, which distinguished between the calculation of long service for the assignment of a pension (calendar) and for determining its amount (preferential), the version of normative legal acts in force at the time of application is subject to application. The court also took into account that for the assignment of a pension for long service, a seniority of 25 calendar years is required, and the plaintiff has only preferential seniority, which is not enough for the assignment of a pension. The court noted that it takes into account the legal conclusion formed in the постанові (resolution) of the Supreme Court of 10.12.2024 in case No. 520/5695/23, which defines that the determining factor is the moment of realization of the right to the assignment of a pension.
3. The court overturned the decisions of the previous instances and refused to satisfy the claim of ОСОБА_1 (PERSON_1).
