Become a pensioner in the Crimea

Residents of the peninsula are massively denied by the appointment of pensions

Over 6 years, the Crimean courts examined about one and a half thousand cases of refusal to appoint pensions. Basically, claims against the Pension Fund (PFR) are filed by those who cannot confirm the experience received on the peninsula in the Ukrainian period. The PFR does not accept the certificates independently through Kyiv, and official requests are going too slowly. Most of all were not lucky for those who at the time of joining Russia lived on the peninsula without registration: according to the “transitional” laws adopted by the “transitional” laws, they are not at all.

Ukraine is silent

In December 2019, a resident of the Dzhankoy district of Crimea Vladislav Romanovich began to issue a pension. But the Crimean branch of the Pension Fund unexpectedly refused to recognize its experience.

“I was told that the records in the work book and archival certificates are not interested in them, it is necessary to confirm the experience from Ukraine : the pension fund sends an official request to which the official response comes. But the Ukrainian side does not respond to requests from Crimea. Of the more than 30 years of experience, only 11 were counted for me. So, there is no retirement right, ”says Romanovich. - All my life I worked here on the border of Crimea: either in the Kherson region, then in the Dzhankoy district. In 1976 he graduated from the school in Nikolaev, worked at the factory in Zaporozhye, then married and moved to the Kherson region. He worked on irrigation, combine, machine operator. He received a salary - 600 Soviet rubles in his hands. At that time, for such money, people in Magadan went to wash gold, and I did so much in the south. He worked for 17 hours, he simply fell out of the combine by the end of the day. ”

In 1996, the Romanovich family moved to the Dzhankoy district of Crimea, where Vladislav got a job as a tractor driver. When the collective farm fell apart, he was a worker in the neighboring military unit for some time, and in 2002 he again went to the Kherson region to work at the agricultural enterprise by a hydraulic engineer.

“In 2014, when the peninsula became Russian, I was asked from work,” Romanovich recalls. Since then, in the summer he has been engaged in farming, and in the off -season he is working as a stoker in a rural school.

Before Pension, Romanovich went to Kherson ahead of time, where he found a record of his work in the archives, made copies. They brought them to the Crimean branch of the FIU, but did not accept the documents.

“They themselves sent requests to Ukrainian archives three times, but the answers did not come,” said Vladislav. “As a result, they refused me a pension.”

Romanovich decided to go to court. He hired a lawyer, issued a power of attorney, made a lawsuit. Already at the stage of preparation for the court, he learned that the Pension Fund charged him with a “social pension” - 7400 rubles. On the eve of the first meeting, it grew to 9400 rubles.

But the fact of the appointment of a pension of Vladislav did not stop. The court took place, the lawsuit was partially satisfied. Romanovich was appointed a pension of 10,500 rubles. “Over 40 years of hard work, lost health. In the fields I ruined my spine, worked with agricultural chemistry, terrible poisons, I’m being treated all my life, ”the pensioner complains. ( Subsequently, the FIU again reduced the size of Romanovich’s pension, in September he received 7,968 rubles. )

Residents of Crimea, who have worked a significant part of life at the enterprises of Soviet and post -Soviet Ukraine, have the same right to a pension in Russia as other citizens of the Russian Federation. By an agreement signed by the CIS member countries in 1992, a citizen of any state that is part of the Commonwealth may issue a pension at the place of residence, while when assigning a pension, seniority purchased in any of the CIS states will be taken into account. When moving from the country to the country within the CIS, the payment of the pension to the previous place of residence is terminated, and in a new place - it is appointed again.

There is only one prerequisite for receiving a pension in Russia: after 2002, a citizen must pay contributions to the pension fund of the country where he works.

However, according to the GAS “Justice”, over six Russian years, the Crimean courts examined more than 1,500 claims related to the refusal to pay pensions. In 60% of cases, they were satisfied in full or partially, in 5%, the applicants were denied the claim.

Having studied the judicial acts that are in the public domain, the “new” found out: basically the pension fund does not recognize the length of service specified in the work book, due to poor handwriting, blurry printing, incorrectly executed record of reception or dismissal from work. There are refusals associated with the impossibility of establishing in what currency a person received a salary in the 90s: in Ukraine, after the collapse of the USSR, Soviet rubles and coupons went, then Karbovans, and only from September 1996-hryvnias.

Similar reasons for the refusal of pension are found in cases against the Pension Fund in other constituent entities of the Russian Federation, but there are also typically Crimean problems. About three dozen cases in the courts of Crimea are similar to Romanovich’s case: “The competent authorities of Ukraine” refuse to respond to requests for confirmation of seniority coming from the FIU department in the Crimea. And people are left without a pension.

Vladislav Romanovich was able to independently go to Ukraine and take certificates confirming the experience. They became an additional argument in court. But what to do to those who cannot leave the limits of Crimea because of problems with documents, for health reasons or for ideological reasons?

"Your data is eaten by rats"

There is another category of people in Crimea who cannot confirm their experience and the amount of deductions to the Pension Fund - individual entrepreneurs and their employees.

Alexander Vnukov from Yalta proceeded for a pension in January 2020. He collected the documents in advance, but it turned out that the years of his work as the director of a private enterprise in Yalta in Ukraine have nothing to confirm: no one conducted the archive in the company, and the Pension Fund of the Russian Federation confirming the deductions to the PFU in the PFU.

“I have had an entry in the work book that I have worked as the director of the enterprise in Yalta since 1996,” says Grandkov. - I went to Ukraine and took a personification in the Pension Fund - the received total deductions and coefficients from 1996 to 2014. I found reports that were submitted to the Pension Fund and the tax in Ukraine - there is my salary and all mandatory payments. ”

But these documents were not enough. “I received a letter that they [the FIU] were to receive information from Ukraine. We must wait. He waited for three months, and it turned out that the Ukrainian seal of the enterprise where I worked from the opening was invalid: it says “Republic of Crimea”, and since 1996 there should be “Autonomous Republic of Crimea” on the rim. The last time they called me and asked me to bring salaries from 1997 to 2014 - estate. We did not archive, during this period many accountants have changed, two accountants have already died. I can hardly provide information in this volume ... "

Another period of experience was not credited to Alexander because of a blunder in the work book. “They asked to go to the archive, confirm the fact of work. I went, there they told me that archival data was found, but eaten rats. ” As a result, another seven years fell.

The pension of the grandson was accrued only at the end of July. In the amount of 9300 rubles.

Entrepreneurs in Crimea cannot prove the payment of contributions to the Pension Fund of Ukraine: after the accession of Crimea to Russia, the database with personified data became unavailable. You can take extracts on pension accounts in Ukraine, but the FIU does not accept them, preferring to independently send requests to which the Ukrainian side is predictably not responding.

Registration without a retirement right

Among the judicial acts of GAS “Justice” several more curious cases were discovered in which the Crimeans were denied pension due to the lack of registration on the day of the adoption of Crimea in Russia. The fact is that in March 2014, citizens of the Russian Federation were recognized by all Crimeans permanently living on the peninsula. Confirmation of the fact of residence was a seal of registration in the Ukrainian civil passport. All who she had received Russian passports without delay - with registration at the place of residence with the same date as in the Ukrainian passport.

In July 2014, special Federal Law No. 208 was adopted “On the features of pension provision of citizens of the Russian Federation living in the Republic of Crimea and the city of Sevastopol”, which says that the fact of permanent residence at the time of March 18, 2014 is proved by a mark in the Russian passport or a certificate of registration at the place of residence.

However, many in Ukraine lived and live at all without registration. In the life of ordinary citizens, it does not affect anything: without it you can calmly get a job, get medical care, enter an educational institution. Therefore, some indigenous people of Crimea, who had never left the peninsula, were without a cherished press.

They had to defend the right to Russian citizenship in the courts, proving the fact of permanent residence by the testimony of witnesses, the availability of employment contracts, extracts from bank accounts, etc. They have a seal about registration in the Russian passport was affixed much later than March 2014.

Now they have to prove the right to a pension in the courts. The Crimean branch of the FIU refuses to pay them, referring to 208-ФЗ for "permanently residing citizens."

Why the pension cannot be assigned on a common basis, within the framework of the pension agreement between the CIS countries from 1992, they do not explain in court decisions. Only references to the already familiar "there are no confirmation of work experience from the competent authorities of Ukraine."

It turns out that people who have lived in the Crimea and have no connections with Ukraine all their lives should go to a neighboring state and look for confirmation of their Crimean work experience there. But what's the point if these hardly obtained documents will not be accepted from them anyway?

You need to come for a pension in advance

The Crimean branch of the Pension Fund of the Russian Federation “Novaya Gazeta” explained that the work experience of citizens working in Ukraine (and other CIS countries) is counted on the basis of:

• records in the work book - for work until November 30, 1991;

• when confirming the length of service by the competent authorities of Ukraine - from December 1, 1991 to January 1, 2002;

• When confirmed by the competent authorities of Ukraine, not only the fact of employment, but also the payment of pension contributions to the Pension Fund - from January 1, 2002.

Requests to institutions of Ukraine from Crimea are sent through the Pension Fund of the Rostov Region. The answers come in nine months. Now, because of the coronavirus, the deadlines are still stretched. Therefore, the Pension Fund recommends applying for an insurance pension in Crimea at least two years before the right to receive it.

There are really many inaccuracies and corrections in the labor books of citizens. In this case, records in it can be confirmed by written labor contracts, certificates issued by the employer or state bodies, extracts from orders, personal accounts and statements for the issuance of wages. All documents must be executed in accordance with the labor legislation in force at the time of work. In case of loss of documents, you can confirm the experience with the testimony of at least two witnesses who worked with the applicant at one enterprise and can confirm this documented.

In some cases, the experience of the Crimeans received before January 1, 2015, which cannot be documented, may be confirmed by a special commission to ensure the pension rights of citizens created by the Crimean Council of Council of Ministers. You can contact it through a pension fund. The same commission considers the pension affairs of Crimean entrepreneurs whose Ukrainian experience cannot be confirmed, since the FIU has no access to personifications that the Pension Fund of Ukraine in Crimea until March 2014.

If the above methods have not worked, a citizen has the right to go to court.

As for the Crimeans who do not have documents confirming the fact of permanent residence on the territory of the peninsula at the time of the accession of Crimea to Russia - marks in the passport or registration certificate, for them the period of work, starting in January 2002, is not taken into account when calculating the size of the pension. It can only be included in the experience only subject to official confirmation of the payment of pension payments by the state where the person lived and worked. If he worked in Crimea, you will have to apply to Ukraine.

Ekaterina Reznikova - especially for the "new",

Crimea