Enforcing the payment of pension arrears based on a court judgment is one of the most sensitive issues for Ukrainian pensioners. Although courts routinely find the actions of the Pension Fund of Ukraine (PFU) unlawful and order recalculations or payment of withheld sums, the actual enforcement of such decisions is often delayed. The reasons are predictable: bureaucracy, the specifics of budget financing, and at times the unwillingness of the PFU to promptly comply with monetary judgments.

Yet one principle is fundamental: a court decision is binding, and any debt confirmed by the court must be paid in full, regardless of its amount or the period over which it accrued.

The Legal Framework: What This Procedure Is Based On

The enforcement of judgments in pension-related cases is governed by the Law on Enforcement Proceedings, the Law on State Guarantees for the Enforcement of Court Decisions, the Budget Code, and specialised legislation regulating the Pension Fund’s activities. Equally important is the case law of the Supreme Court, which between 2022 and 2025 established a clear position: “lack of budget funding” is not a lawful justification for non-compliance.

Because the PFU is a manager of budget funds, actual payments often involve the State Treasury Service. This determines the specific procedural architecture.

How the Procedure Works in Practice

1. Applying to the Pension Fund

Once a judgment enters into legal force, the pensioner or their legal representative submits a formal request to the PFU asking for recalculation and payment of the arrears. Formally, the PFU is obliged to comply voluntarily. In practice, the Fund often limits itself to recalculation without payment, issues responses referencing “lack of funding,” or simply ignores the decision. This is the first sign that the next procedural step is required.

2. Changing the Method and Order of Enforcement

If the PFU does not comply or complies only partially, the next step is to file a motion with the court requesting a change in the method and order of enforcement. This is the core legal tool that transfers the case from the logic of “waiting for the PFU” to the logic of direct enforcement through the State Treasury Service.

The court may explicitly order that the debt be recovered from the State Budget of Ukraine and paid directly through the Treasury. The Supreme Court has repeatedly confirmed: whenever a social protection authority fails to comply, the Treasury is obliged to enforce the judgment.

3. Obtaining a New Writ of Execution

Once the method of enforcement is changed, the court issues a new writ of execution clearly stating that the payment must be processed through the Treasury. This document becomes the legal basis for payment directly to the claimant, bypassing the Pension Fund.

4. Applying to the State Treasury Service

At this stage, the State Treasury Service becomes the key enforcing body.

The claimant files the writ and a request for enforcement. The Treasury registers the document, adds it to the financing queue and executes payment from budget resources. Under the Law on State Guarantees for the Enforcement of Court Decisions, the Treasury cannot refuse enforcement when the documents are properly submitted.

The Position of the Supreme Court: PFU Arguments Do Not Hold

In several judgments over the past years, the Supreme Court has formulated essential conclusions:

• The PFU must enforce judgments regardless of budget availability.
• References to “no funds” are unlawful.
• If the PFU avoids payment, courts must transfer enforcement to the Treasury.
• The Treasury is obligated to pay the full amount without delay.

Thanks to this judicial practice, pensioners now have a real and effective mechanism for securing payment, not merely a formal one.

Conclusion: The Mechanism Exists — The Key Is Using It Correctly

Despite the complexity, the mechanism for recovering pension arrears under a court decision works. Pensioners can receive the full amount owed even if the PFU has delayed compliance for years.

The essentials are:

• do not wait indefinitely for voluntary PFU action;
• document the failure to enforce;
• apply to the court for a change in the enforcement method in good time;
• engage properly with the State Treasury Service.

If you already have a positive court decision but still have not received the funds, this is not a dead end. It simply means it is time to activate the next legal mechanism. With the right legal strategy, the debt will be paid in full.