27 April 2011, 13:52
The bill on amendments to several
laws of Ukraine regarding support of constitutional rights for pension of the
citizens of Ukraine staying abroad (Reg. No. 6695) harmonizes
the normative acts on pension provision with the Constitution of Ukraine and
the Resolution of the Constitutional Court No. 25-рп/2009 of 7 October 2009. This Resolution of the Constitutional Court
states that the following provisions do not meet the Constitution of Ukraine (are
non-constitutional): item 2 of part one of clause 49 (on cessation of payment
of pension for the period of pensioner´s stay abroad unless otherwise
conditioned by the international agreement of Ukraine ratified by the Verkhovna
Rada); clause 51 of the Law "On Compulsory State Retirement
Insurance" (re payment of pension for the period of stay abroad provided it is conditioned
by the international agreement of Ukraine ratified by the Verkhovna Rada).
The authors suggest excluding part three of clause 1 of the Law "On Pension Provision", whereby pension provision of the Ukrainian citizens residing abroad is based on the agreements (treaties) with other states, and part one of clause 92, whereby the citizens who permanently reside abroad are not eligible for pension.
The People´s Deputies expressed their remarks concerning other provisions of the bill.