17 November 2009, 09:33
During the sitting, relevant Draft Resolutions Reg.№4526 and Reg. №4526-1 were scrutinized.
In particular, Resolution draft Reg. No. 4526 envisages the appeal of the Parliament to the Government with the request to immediately cancel the Cabinet of Ministers of Ukraine Resolutions of 14 April 2009 No.366 "On Payment of Compulsory State Retirement Insurance of Individuals-Subjects of Entrepreneurship that have chosen a Special Mode of Taxation" as such that contradict the Order of the President of Ukraine "On Simplified System of Small Business Subjects Taxation, Registration and Accounts."
At the same time Draft Resolution Reg. No. 4526-1 envisages appeal to the Cabinet of Ministers of Ukraine with the proposition to reject immediately the mentioned above Resolution of the Government as such that "was adopted by the Cabinet of Ministers of Ukraine exceeding its authority and which contradicts the Constitution and Laws of Ukraine."
The Committee deems it necessary to take into the consideration that according to the article 46 of the Constitution of Ukraine the rights on the social protection is provided by the state compulsory social insurance at the expense of insurance premiums of citizens, enterprises, institutions, organizations and other sources of the social assistance. The article 24 of the Constitution of Ukraine provides equal constitutional rights and liberties for the citizens and equality of all the citizens before the law and also inadmissibility of privileges or restrictions due to any features. According to the article 92 of the Principal Law, exclusively Laws of Ukraine define the basis for the social protection, forms and types of the pension provision.
The Committee also emphasized that according to the expert conclusion of the Ministry on Finance, cancellation of the mentioned Resolution would lead to the reduce of the income of the Pension Fund in year 2009 at the rate UAH 1,4 billion. Moreover, according to the People´s Deputies, the Resolution does not contain norms that contradicted the Law "On Compulsory State Pension Insurance" and Order of the President of Ukraine "On Simplified System of Small Business Subjects Taxation, Registration and Accounts."