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The European Court of Human Rights dismissed the complaint of a group of pensioners from occupied Lugansk, who demanded that Ukraine resume paying their pensions.
Ukraine’s Deputy Justice Minister: ECHR Commissioner Ivan Leshchina wrote about this on his Facebook page. Represented the government in court proceedings.
The plaintiffs complained of a violation of their right to property and their right to a fair trial. Court for your decision found the application inadmissible по делу Kandyba and Others v Ukraine, no. 33137/16.
“First of all, they appealed to the administrative courts of Ukraine, challenging resolution No. 595 of the Cabinet of Ministers, according to paragraph 2 of which social payments were suspended in the occupied territories until they were returned to the control of the state authorities. The plaintiffs demanded that this provision be declared illegal and that their pension payments be returned to them. ” Leshchina explained.
The administrative courts of three instances partially addressed this claim, declaring clause 2 invalid, considering that the Cabinet exceeded its powers by accepting it. At the same time, the courts rejected the request for refund of payments, explaining that the plaintiffs had solicited the defendants improperly.
Lugansk pensioners are noted to have appealed to many authorities to demand reinstatement of pensions on the basis of court decisions, but were denied.
After that, the applicants turned to the ECHR, complaining of a violation of art. 6 of the Convention (right to a fair trial) and art. 1 of the Protocol (property). ECHR declared the request inadmissible as one that is manifestly unfounded.
“The court takes into account the government’s argument that the state could not reasonably be bound to implement the decision by action, they were not clearly indicated by the court (Kiev Regional Administrative Court. – Ed.) When making the decision, and the applicants could and should have … bring separate claims against the relevant defendants in order to enforce their rights. Furthermore, it is not apparent from the circumstances of the case and the claimant does not claim that filing such claims would constitute a burden additional for them … “, is said in paragraph 55 of the court decision.
As OBOZREVATEL reported, in early August, the human rights organization Human Rights Watch announced that ORDLO people were no longer being paid pensions due to the quarantine introduced as part of the fight against the coronavirus pandemic.
Later, the Minister for the Reintegration of Temporarily Occupied Territories Aleksey Reznikov said that 500 thousand people with the status of migrants live in the occupied territory of Donbass, who receive a Ukrainian pension.
Subsequently, a member of the Ukrainian delegation to the Trilateral Contact Group, journalist Sergei Garmash, said that soon Russia would stop paying pensions to ORDLO.
Subsequently, the People’s Deputy of the “Servant of the People” and the head of the Social Policy Committee of Verkhovna Rada, Galina Tretyakova, said that the Trilateral Contact Group was not considering the question of resuming pension payments in ORDLO.
