Good day! I will gladly analyze this court decision for you.
1. The subject of the dispute is the appeal against the refusal of the Main Department of the Pension Fund of Ukraine in the Chernihiv region to conduct indexation of the pension of PERSON_1 using the increase coefficients of the average salary indicator.
2. The Supreme Court, when considering the case, noted that pension indexation is a mandatory state guarantee aimed at maintaining the purchasing power of the population. The court emphasized that the Law of Ukraine “On Mandatory State Pension Insurance” has a higher legal force than the resolutions of the Cabinet of Ministers of Ukraine and the Procedure for recalculating pensions, approved by the CMU. Therefore, when indexing pensions awarded in 2020-2023, it is necessary to increase the average salary indicator, which was taken into account when calculating the pension, as provided by law. The Court deviated from the previous practice of applying paragraph 5 of Procedure No. 124, which contradicts the provisions of Law No. 1058-IV. At the same time, the court took into account the terms of appeal to the court established by the Code of Administrative Procedure of Ukraine, and limited the period of payment of underpaid pension amounts to six months before the date of the plaintiff’s appeal to the court.
3. The court decided to partially satisfy the claims of PERSON_1, recognizing as illegal the refusal of the Main Department of the Pension Fund of Ukraine in the Chernihiv region to conduct indexation of the pension and obliging it to recalculate and pay the pension, taking into account the established coefficients, starting from December 4, 2023.
