The Cabinet of Ministers’ draft on pensions threatens the rights of IDPs and citizens in the TOT – an analysis by human rights defenders

The Coalition of organisations dealing with the protection of the rights of victims of armed aggression against Ukraine prepared a detailed analysis of the draft resolution of the Cabinet of Ministers of Ukraine “On amendments to certain resolutions of the Cabinet of Ministers of Ukraine regarding the procedure for the provision of certain pension and insurance payments”.

Photo credit: Ukrposhta

The draft resolution, in particular, proposes to establish additional conditions for receiving unpaid pensions, insurance payments and funeral assistance, including the obligation to submit applications for non-receipt of payments from the pension authorities of the Russian Federation and the provision of information by law enforcement agencies.

At the same time, as stated in the Coalition’s analysis, such changes:

• contradict the current legislation of Ukraine, which establishes exhaustive grounds for the appointment, renewal and payment of pensions and insurance sums;
• create unjustified and disproportionate restrictions on the rights of internally displaced persons and persons in the temporarily occupied territories;
• violate the principles of the rule of law and legal certainty enshrined in the Constitution;
• effectively interfere with the property rights of persons to pensions and insurance payments, which are guaranteed by law and do not depend on territorial residence or sanctions.

“Establishing additional conditions for payments not provided for by law creates risks of discrimination and deprivation of guaranteed rights, and may also lead to litigation and the recognition of such norms as unconstitutional”, the Coalition’s experts note.

The Coalition stresses that pensions and insurance payments are not state aid, but a guarantee of property rights formed by the contributions of the individuals themselves. Accordingly, no subordinate legislation may restrict or deprive these rights on the basis of territorial affiliation or other additional conditions.

The full text of the proposals and comments on the draft resolution is available on the website of the Human Rights Centre ZMINA.

For reference

The Coalition of organisations dealing with the protection of the rights of victims of armed aggression against Ukraine includes: the Human Rights Centre ZMINA, NGO Donbas SOS, NGO Crimea SOS, CF Right to Protection, CF East SOS, Civil holding GROUP OF INFLUENCE, CF Stabilization Support Services, the Crimean Human Rights Group, and NGO Crisis Insight.