RIGHT TO SOCIAL PROTECTION

The Cabinet of Ministers of Ukraine, in order to implement these changes to the budget approved by the Verkhovna Rada, also limited the amount of pension payments to children of war, disabled children, and Chernobyl survivors by its resolution at the end of July. But the government is not only trying to limit social payments as much as possible, but is also directly putting pressure on the court. In particular, the Ministry of Finance sent a letter to the Supreme Administrative Court of Ukraine, in which it calls on the Supreme Administrative Court of Ukraine to form a case law on social cases that will ensure “budgetary stability.” According to human rights activists, such an appeal is pressure on the court and interference in the administration of justice. In turn, the Pension Fund instructed its regional departments not to unilaterally implement court decisions on the socio-economic rights of citizens.

This is not the first case of an attempt to limit pension payments to privileged categories of citizens, despite the fact that Article 22 of the Constitution of Ukraine and the decisions of the Constitutional Court of Ukraine indicate the inadmissibility of narrowing rights when adopting new laws or

making

amendments to existing laws and reducing the amount of payments by the law on the state budget.

Therefore, the future of dignified old age and the right to social protection will again be decided in the courts. But since June 19, 2011, the date of entry into force of the Law of Ukraine “On Amendments to the Law of Ukraine “On the State Budget for 2011”, the procedure and prospects for considering claims on social cases of “children of war” and “Chernobyl survivors” look even more vague.

As noted by the executive director of the Chernihiv Public Committee for the Protection of Human Rights

Viktor Tarasov: “Thousands of cases on social payments, which are guaranteed by law, but not provided with budget funds, have actually paralyzed the activities of the judicial system. Such issues are most acute in the Chernihiv region. Most of the plaintiffs are elderly people, a significant part of pensioners live in rural areas. It is difficult for pensioners not only to physically go around all the offices and stand in long queues, but also to understand the process of submitting an application to the court. A significant amount of complex legal information significantly makes it difficult for pensioners to go to court. The social vulnerability of pensioners does not allow them to use the expensive services of professional lawyers. “Children of war”, persons who suffered as a result of the Chernobyl disaster, do not ask for anything extra, but only try to restore their rights and receive at least those small pension supplements that the State should guarantee them. Instead, pensioners are forced to go to court, lose time, health, and in light of the latest realities, and generally lose faith in the rule of law.

The activities of the Chernihiv Public Committee for the Protection of Human Rights (CHCPR) are aimed at solving these problems. As part of this activity, with the support of the project “Development of Civil Society”, which is implemented by the United Nations Development Program in Ukraine and financed by the Ministry of Foreign Affairs of Denmark during 2009-2012, free legal assistance is provided to socially unprotected citizens, primarily rural residents, both on the basis of the public reception center of the ChGKZPR and during the visits of lawyers to the rural areas of the Chernihiv region, printed publications on human rights protection are distributed, legal education activities are held among various target groups, etc.

Citizens who consider their rights to be violated or who have difficulties in exercising their rights can apply for

free

legal assistance to the public reception center at the address: Chernihiv, 14000, Gorkogo St. 57/1; hotline number: (022) 612-532.