Title Lyudmyla Mykolayivna KANDYBA and Others against Ukraine
Publisher Council of Europe: European Court of Human Rights
Publication Date 19 November 2020
Country Ukraine
Topics Ukrainians
Citation / Document Symbol 33137/16
Cite as Lyudmyla Mykolayivna KANDYBA and Others against Ukraine, 33137/16, Council of Europe: European Court of Human Rights, 19 November 2020, available at: https://www.refworld.org/cases,ECHR,61f7e3e74.html [accessed 6 October 2022]
Comments European Court of Human Rights (ECtHR) issued its decision in the Kandyba and Others against Ukraine case regarding payment of pensions to residents of non-governmental controlled areas (NGCA) of the Donetsk and Luhansk oblasts. In their application to national courts, several pensioners requested cancelation of some provisions of Governmental Resolution #595 of 7 November 2014. This Resolution suspended the payment of pensions in the non-controlled territory. The applicants’ request was satisfied in 2016. Pensioners considered that with cancelation of the contradictory provisions in the governmental resolution, their pensions will be reinstated automatically. However, this did not take place and applicants decided to apply to the ECtHR. The Court dismissed the claim stating that applicants should have applied to a different respondent (the Pension Fund of Ukraine) and specifically asked to reinstate the suspended pensions. The ECtHR mentioned that there are upcoming judgements in cases where they will consider whether or not there is an obligation of the state to pay pensions to people living in NGCA.
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