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08.10.2009

Constitutional Court ruling on pensions while abroad

   

On 8 October the Constitutional Court announced its judgment on the submission made by the Supreme Court. The latter had questioned the constitutionality of Article 49 § 1.2 and the second sentence of Article 51 of the Law “On Mandatory State Pension Insurance” from 9 July 2003.  These stopped payments of pensions to people living permanently abroad where Ukraine had not concluded an arrangement on pension provisions with the country in question.

“On the basis of the legal, social nature of pensions, the right of a citizen to receive pensions assigned him or her cannot be linked with such a condition as whether the person is living permanently in Ukraine: the State in accordance with constitutional principles is obliged to guarantee this right regardless of where the person assigned it lives – in Ukraine or abroad”.

From information at http://www.ccu.gov.ua/uk/publish/article/74123

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