In the circumstances of the case, a person whose court was secured with the right to recalculate a pension for years of service (a writ of execution in this case was issued by the Khmelnytskyi District Administrative Court) applied to a court. The man died without exercising his right to receive a pension transfer. The successor is his wife, who also applied to a court to change the identity of the collector in the writ of execution.

The court of first instance, which the court of appeals also agreed with , concluded that the disputed legal relationship allowed succession, and therefore granted the statement of replacement of the claimant in the writ of execution.

As it was explained by the courts, according to h. 1, 4 Art. 379 CAS in case of one of the parties to the enforcement proceedings being withdrawn by the state bailiff or at the request of the interested person, the court, which considered the case as a court of first instance, replaces the party of the enforcement proceedings by its successor. The provisions of this Article shall also apply where the debtor or collector is to be substituted in the writ of execution prior to the opening of the enforcement proceedings.

According to Art. 52 CAO of Ukraine in case of departure or replacement of a party or a third party in the relations that have a dispute, the court allows at any stage of the trial the replacement of the respective party or third party by his successor. All actions taken in the administrative process prior to the assignee's accession shall be binding on him to the extent that they would be binding on the person he replaced.

The Panel of Judges of the Seventh Administrative Court of Appeal noted that the amounts of pension that belonged to the pensioner-male claimant and remained undeliverable in connection with his death should also be considered as amounts of pension that were not received by the pensioner for life due to the illegal actions of the Pension Fund of Ukraine .

It should be noted that a similar legal position was presented by the Supreme Court in its ruling of December 13, 2018 in Case No. 2-a-1710/11.

Taking into account the fact that the wife of the deceased is his heir, the court of appeals agreed with the trial court's conclusion that there were grounds for replacement of the party in the enforcement proceedings, since the disputed legal relationship allowed succession. (Court order dated 25.09.2019 in the case № 822/1740/18).