Results of an appeal consideration of the case on appeal of the Procedure for the arrears' repayment on pension payments by a court decision
Judges’ panel of the Sixth Administrative Court of Appeal considered an appeals of the Cabinet of Ministers of Ukraine and Pension Fund of Ukraine on the decision of the first instance court from November 12, 2019 in an administrative case No. 640/5248/19.
An individual’s statement of claim was came in the first instance court in which asked to rule as illegal and decline an order of the Cabinet of Ministers No.649 from August 22, 2018, which approved the Procedure for the repayment of arrears on pension payments by a court decision.
According to the plaintiff's arguments, the specified decision regarding the approval of the Procedure is unlawful and it does not comply with the Constitution of Ukraine and the laws of Ukraine, as legal acts of higher legal force on the grounds that the obligation to enforce court decisions is determined by the current legislation of Ukraine, and the procedure for enforcement of court decisions is established by the Law of Ukraine "On Enforcement Proceedings".
As the plaintiff says in his statement of claim, the contested Procedure determines the mechanism for repaying the debt resulting from the accrual (recalculation) of pension payments for the execution of court decisions for funds within the budgetary allocations to the Pension Fund of Ukraine for this purpose; provides for the maintenance of a register of court decisions on the repayment of arrears on pension payments by a court decision and verification of the validity of the amount to be paid. On this basis, the plaintiff considers that the contested Procedure determines a different procedure for the execution of court decisions by the debtor than those established by law.
The first instance court fully satisfied an administrative plaint. Disagreeing with this decision, the CMU and PFU filed appeals.
Judges’ panel of the Sixth Administrative Court of Appeal dismissed the appeals, but changed a resolutive part of the first instance court decision and noted: “To declare unlawful and invalid paragraphs 1 and 2 of the Cabinet of Ministers of Ukraine order No. 649 dated August 22, 2018 No. 649” Issues for the repayment of arrears on pension payments by the court decision””.