Persons of concern / Internally displaced persons (IDPs)

On 04 July 2018, the Kyiv Court of Appeal confirmed the decision of the Kyiv Circuit Administrative Court dd. 29 June 2017 on recognizing several points of Governmental Resolutions 365 and 637 as not corresponding to the Law on IDPs and Law on ensuring the mandatory State pension. Referring to the legislation in force, the Kyiv Court of Appeal agreed with the conclusion of the lower instance court on the discriminatory nature of the disputed points as they define additional criteria for IDPs willing to receive social benefits and pensions. The existence of such criteria put IDP-pensioners in less favourable conditions in comparison with other pensioners and social benefits’ recipients.

4 July 2018 | Judicial Body: Ukraine: Appeal Courts | Topic(s): Internally displaced persons (IDPs) - Ukrainians | Countries: Ukraine

THE COURT HELD: The administrative claim of PERSON to the Bakhmut Joint Directorate of the Pension Fund of Ukraine in the Donetsk Oblast on the recognition of unlawful actions and obligation to take certain actions shall be satisfied to the full extent. The Decree "On Suspension of Payment of Pension to PERSON_6 Until Clarification" of the Bakhmut Joint Directorate of the Pension Fund of Ukraine in the Donetsk Oblast of March 24, 2017, is declared unlawful and is cancelled. The Bakhmut Joint Directorate of the Pension Fund of Ukraine in Donetsk Oblast is obliged to resume payment of pension to PERSON_6, from April 01, 2017. [...]

3 May 2018 | Judicial Body: Ukraine: Supreme Court | Topic(s): Economic, social and cultural rights - Internally displaced persons (IDPs) | Countries: Ukraine

On 14 March 2018, the Supreme Court of Ukraine established the fact that forced displacement in July 2014 of the applicants in a case from the “occupied part of the Luhansk region” occurred as a result of the “armed aggression” of the Russian Federation against Ukraine and the occupation of the part of the Luhansk region by the Russian Federation. Both the first instance court and the court of appeal rejected the application indicating that the establishment of such reasons for internal displacement and its further clarification into a legal fact do not fall under the competence of the court of general jurisdiction. The Supreme Court decided to establish a clear link between the “widely known and accepted fact of the Russian aggression” and the forced displacement.

14 March 2018 | Judicial Body: Ukraine: Supreme Court | Topic(s): Internally displaced persons (IDPs) - Ukrainians | Countries: Ukraine

Administrative cases; Cases on disputes over the implementation of public policies in the areas of labour, employment and social protection of citizens and disputes in the area of public housing policy, namely, disputes regarding: management, supervision and other administrative functions (assignment, recalculation and implementation of insurance benefits) in the area of the corresponding types of obligatory state social insurance, including: obligatory state pension insurance, including pension insurance for persons dismissed from the public service (military service)

30 January 2018 | Judicial Body: Ukraine: Supreme Court | Topic(s): Economic, social and cultural rights - Internally displaced persons (IDPs) - Rule of law / Due process / Procedural fairness | Countries: Ukraine