Implementation and protection of human rights on issues relating to activities of the Pension Fund of Ukraine
Priority for any country should be the rights and freedoms of the individual. The content and direction of the state is defined through the guarantee of rights and freedoms. Assertion and providing of rights and human freedoms is the main duty of the state. These constitutional provisions are outlined in section II of the Constitution of Ukraine “Rights, freedoms and duties of man and citizen.” The right to social protection are fundamental human rights. Human rights usually reflect human capabilities, and so they can only be committed in the presence of certain legal tools (mechanisms), such as the right to social security can not be implemented without the prescribed legal procedure. So the Procedure for the submission and processing of documents for appointment (recalculation) of pensions according to the Law of Ukraine “On compulsory state pension insurance” approved by resolution of the Board of the Pension Fund of Ukraine dated 25.11.2005, No. 22-1 defines the mechanism of granting and registration of documents for appointment (recalculation) of pensions on age, on disability due to General disease, loss of the breadwinner, benefits for burial, the resumption of payments previously granted pension, as well as translation from one type of pension to another when a person with the appropriate application. The authority that grants a pension, is considering the appointment of the pension recalculation and the resumption of the payment of previously granted pension, transfer from one pension to another, and also with regard to the payment of funeral benefit in case of persons with a relevant statement in the case of such a right. Not later than 10 days after receipt of the application and documents required for assignment, allocation, transfer from one kind of pension on another and the resumption of payments of pension to the appointing authority retire, examines the submitted documents and decides on the appointment, conversion, transfer from one pension to another, the renewal of previously granted pension without regard to the period for which the missing information on the payment of insurance contributions to the Pension Fund of Ukraine. The appointing authority retire not later than 10 days after the decision issues or sends to the person a notice of appointment, denial of appointment, recalculation, translating from one type of pension to another with the reasons for refusal and the procedure of its appeal. A document confirming the purpose of a pension is a pension certificate issued by the authority that grants a pension, in accordance with the Procedure of accounting, storage, and issuance of pension certificates in the Pension Fund of Ukraine and its bodies, approved by resolution of the Board of the Pension Fund from 25 March 2004 No. 4-1, registered in Ministry of justice of Ukraine on 06 April 2004, # 427/9026 (as amended). Paper pension files are stored in the bodies which appoint pensions, place of residence or registration or place of stay of the pensioner. Pensioner in his appeal issued the extract from the order on appointment (recalculation) of pensions with the information about the insurance periods and wages (income) that is taken into account in the calculation of pensions. However, the pensioner can get acquainted with the materials of their retirement business at a reception in the Office of the Pension Fund of Ukraine in which it is stored. In case of failure in the assignment, allocation, transfer from one pension to another, a means of protection of rights stands the right of a person to appeal against the decision taken by the Pension Fund on the decision, since, according to article 23 of the Law of Ukraine “On compulsory state pension insurance” disputes arising out of legal relationships under this Law shall be decided by organs of the Pension Fund in court. The legal Department of the Main Department of Pension Fund of Ukraine in Ternopil region This was reported in the Ternopil regional state administrationÏåðåâåäåíî ñåðâèñîì "ßíäåêñ.Ïåðåâîä÷èê": translate.yandex.ru.
Source: http://uzinform.com.ua/
