IMPLEMENTATION OF THE LAW OF UKRAINE “ON ADMINISTRATIVE PROCEDURE” IN THE FIELD OF PENSION PROVISION: PROBLEMS AND PROSPECTS OF OUT-OFCOURT PROTECTION OF THE RIGHT TO A PENSION

Abstract

The article provides a comprehensive analysis of the implementation of the Law of Ukraine “On Administrative Procedure” in the field of pension provision and its impact on the mechanism of non-judicial protection of the right to a pension within the solidarity system of mandatory state pension insurance. The relevance of the study is driven by the limited effectiveness of the judicial procedure for resolving pension disputes, manifested in the excessive duration of case consideration (ranging from eight months to three years) and the critical overloading of administrative courts. The author emphasizes that under current practice, even a favorable court decision often does not lead to the actual restoration of rights due to the effect of Resolution of the Cabinet of Ministers of Ukraine No. 821, which establishes a strict priority and limitation of pension payments accrued in execution of court rulings. The principles of the Law of Ukraine “On Administrative Procedure” are analyzed in the context of pension legal relations. It is substantiated that their implementation performs both protective and defensive functions within the mechanism of realizing the right to a pension. The study investigates the transformation of the procedure for appealing decisions, actions, and omissions of the Pension Fund of Ukraine bodies following amendments to Article 105 of the Law of Ukraine “On Mandatory State Pension Insurance”. Particular attention is paid to the problems of practical implementation of new standards in the activities of the Pension Fund of Ukraine, specifically to the manifestations of procedural formalism and the inconsistency of certain provisions of departmental acts with the requirements of the Law of Ukraine “On Administrative Procedure”. The author proposes directions for improving Order No. 21-1 and Order No. 637 by consolidating the right to a mandatory hearing of an individual during the consideration of their applications and complaints, as well as before the adoption of an unfavorable administrative act. Furthermore, the proposals include expanding the principle of officiality and introducing the presumption of lawfulness of the pensioner’s claims. Conclusions are formulated, and specific recommendations are developed regarding the implementation of the Law of Ukraine “On Administrative Procedure” in the field of pension provision, aiming to transform administrative appeals into a fast and effective mechanism for the protection of human pension rights.