BackThe Ukrainian Parliament Commissioner for Human Rights Ms. Valeriya Lutkovska addressed a letter to the Minister of Social Policy Ms. Natalia Korolevska. The letter states that proceedings of the Ombudsman in petitions of citizens serving their sentences in places of deprivation of liberty prove massive violations of their rights to pension, particularly with regard to disability pension.
For example, convict serving the sentence in Dikanivka Penitentiary Colony №12 wrote in his petition to the Commissioner that on 22 July 2012 he reached retirement age, has 40 years of pensionable service however the administration of the penitentiary institution rejected accepting his application for pension. Another convict serving his sentence in Dnipropetrovsk penitentiary colony №89 informed that he received a disability group in places of deprivation of liberty already in 2008. However as of now all of his petitions to receive a disability pension were not reacted to.
Ombudsman Ms. Valeriya Lutkovska points out that according to paragraph 3 of the Article 47 of the Law of Ukraine “On mandatory state pension security” when a pensioner is kept in places of deprivation of liberty his pension shall be paid out according to the general procedure in the order set by the legislation. Paragraph 1 of the Article 122 of the Criminal Procedural Code of Ukraine foresees that convicts have the right to pension on general grounds in cases stipulated by the legislation, particularly when reaching retirement age, on disability, when loosing earner etc.
However in practice implemented is only the second paragraph of this Article pursuant to which only persons who became eligible for pension before serving their sentence shall be receiving pension on the general grounds. In this regard bodies of State Penitentiary Service of Ukraine and of the Pension Fund of Ukraine consider that the acting legislation does not provide for receiving pension by persons reaching retirement age when serving their sentences in places of deprivation of liberty and that applying for and receiving a pension shall be possible only after having served the sentence.
Source: Office of the Ukrainian Parliament Commissioner for Human Rights
