Mr. Dmytro Lyakh: "The draft law on introduction of accumulative system of obligatory state pension insurance is imperfect"

19/05/2015 16:58

The Representative of the Commissioner for Human Rights for observance of social-economic and humanitarian rights declared this thesis during a meeting of the round table organized by the Federation of trade unions of Ukraine. He drew attention of representatives of the Ministry of Social Policy and the Pension Fund of Ukraine that some provisions of the draft Law of Ukraine "On amendments to some legislative acts of Ukraine concerning introduction of accumulative system of obligatory state pension insurance and the uniform principles of pensions accounting" contain potential risks of violations of constitutional rights of the person.

In particular, in conditions when there are a decrease in a standard of living and increase of level of poverty, freezing of a salary, increase of prices for housing-and-municipal services, adoption of the mentioned law is socially dangerous as it will become additional burden for each citizen, and especially for persons with the low level of income.

As well as in previous years, attempts of the Cabinet of Ministers of Ukraine to introduce an accumulative pension system without definition of the accurate mechanism of the state guarantees of protection of pension means against inflationary and other negative factors are unacceptable.

Proposed in the draft law use for pension accounting of an indicator of average salary in Ukraine which insurance premiums are paid with, estimated for 2012-2014, will mean in fact for persons who will retire since 2016, still bigger reduction of the amount of their pension.

Mr. Dmytro Lyakh also drew attention to norms of the draft law which application can lead to violation of constitutional rights of the person as they limit the volume of the rights of some categories of citizens and don't correspond to the principle of irreversibility of temporal application of the law. In particular, it concerns not carrying out indexation and recalculation of amount of the special pensions granted till January 1, 2016 till the moment when the amount of pension corresponds to the amount determined by articles 27 and 28 of the Law of Ukraine "On Obligatory State Pension Insurance", violates articles 22 and 58 of the Constitution of Ukraine.