of September 23, 1999 No. 1105-XIV
About obligatory national social insurance
This Law according to Bases of the legislation of Ukraine on obligatory national social insurance determines legal, financial and organizational basis of obligatory national social insurance, guarantee of the working citizens by their social protection in connection with temporary disability, pregnancy and childbirth, from labor accident and occupational disease, protection of life and health.
1. In this Law the following basic concepts are used:
1) types of social insurance:
in connection with temporary disability;
from labor accident and the occupational disease which entailed disability (further - accident insurance);
2) the electronic register of leaves of disability - system of accumulating, storage and use of information on the issued, extended and considered sick leave notes;
3) obligatory national social insurance (further - social insurance) - system of the rights, obligations and guarantees which provides material security, insurance payments and provision of social services to insured persons by fund of social insurance of Ukraine;
4) the minimum insurance premium - the amount of means which is determined it is settlement as the work of the minimum size of the salary and the size of single fee on social insurance established by the law for month for which the salary (income) is charged;
5) accident - the event limited in time or sudden impact on the worker of dangerous production factor or environment which occurred in the course of accomplishment of labor obligations by it, as a result of which harm is done to health or there stepped death;
6) object of social insurance - insurance risk and insured event with which approach insured persons (members of their families, other persons) have right to maintenance and social services according to this Law depending on types of social insurance;
7) occupational disease - the disease which arose owing to professional activity insured is also caused only or mainly by impact of hazardous substances and certain work types and other factors, work-related;
8) insurance years of service - the period (term) during which person is subject to social insurance according to types of social insurance;
9) insurer - Social Insurance Fund of Ukraine (further - Fund);
10) insured events:
on social insurance from accidents - the labor accident or occupational disease (including established or found when the victim did not consist in employment relationships with the company, on which it ached) which entailed insured professionally caused physical or mental injury; accident or occupational disease which resulted from violation insured regulations about labor protection;
on social insurance in connection with temporary disability - event with which approach there is right of insured person, members of his family or other person on obtaining according to this Law of material security or social services;
11) insurance premiums - funds of assignments for the separate types of obligatory national social insurance paid according to the legislation existing before entry into force of the Law of Ukraine "About collection and accounting of single fee on obligatory national social insurance", the money arriving from payment of single fee on obligatory national social insurance;
12) insurance means - the accumulated insurance deposits of the amount from financial sanctions and other receipts according to the legislation for implementation of material security, insurance payments and provision of social services according to this Law;
13) insurance risks:
on social insurance from accident - circumstances from which accident or occupational disease can result;
on social insurance in connection with temporary disability - circumstance as a result of which insured person or members of his family can temporarily lose means of livelihood and demand material security or provision of social services according to this Law;
14) subjects of social insurance - insured person, members of his family or other person in the cases provided by this Law, the insurer and the insurer.
2. The terms "insured person", "insurers" and "employers" are used in this Law in the values given in the Law of Ukraine "About collection and accounting of single fee on obligatory national social insurance".
1. The legislation on social insurance consists of Bases of the legislation of Ukraine on obligatory national social insurance, the Labor code of Ukraine, this Law, other legal acts and other regulatory legal acts accepted according to them.
2. If the international treaty of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine establishes other regulations, than those which are stipulated by the legislation Ukraine about social insurance are applied regulations of the international treaty.
1. Social insurance is performed by the principles:
1) legislative determination of conditions and procedure of social insurance;
2) obligation of insurance of persons according to types of social insurance and possibility of voluntariness of insurance in the cases provided by the law;
3) state sales warranties insured persons of the rights;
4) obligation of financing by Fund of the costs connected with provision of material security, insurance payments and social services in the amounts provided by this Law;
5) forming and uses of insurance means on the principles of solidarity and subsidizing;
6) differentiations of the amount of allowance payment depending on insurance years of service;
7) differentiation of insurance rate taking into account conditions and security status of work, industrial traumatism and professional incidence at each company;
8) economic interest of subjects of insurance in improvement of conditions and labor safety;
9) target use of means of social insurance;
10) responsibility of employers and Fund for realization of the right of insured person to material security and social services according to this Law.
1. The Social Insurance Fund of Ukraine is body which performs management and management of obligatory national social insurance from accident, in connection with temporary disability and medical insurance, performs accumulation of insurance premiums, control of use of means, provides financing of payments on these to types of obligatory national social insurance and performs other functions according to the approved charter.
2. The fund is the non-commercial self-regulating organization which is acting on the basis of the Charter which affirms its board.
3. The fund if other is not provided by the laws of Ukraine, cannot be engaged in other activities, except that for which it is created and to use the funds for the purposes which are not connected with these activities.
4. Fund is not included the Government budget of Ukraine and is used only for purpose.
The treasurer form of servicing according to the procedure, provided for servicing of the Government budget of Ukraine is applied to fund.
5. The budget Fonda approves the Cabinet of Ministers of Ukraine.
6. The fund is legal entity who has seal with the image of the State Emblem of Ukraine and the name, symbolics which affirms its board.
The fund acquires the right of the legal entity from the date of the moment of state registration according to the procedure, determined by the Law of Ukraine "About state registration of legal entities, physical persons entrepreneurs and public forming".
1. Control of Fund is exercised on the parity basis of the state, representatives of insured persons and employers.
2. Direct control of Fund is exercised by its board and executive directorate.
1. The board of Fund is joined by about seven representatives of the state, insured persons and employers who carry out the obligations on a voluntary basis.
Representatives of the state are appointed by the Cabinet of Ministers of Ukraine, representatives of insured persons are elected representatives of employers - the All-Ukrainian Unions of the organizations of employers, representative at the national level, (are delegated) by the All-Ukrainian Unions of labor unions, representative at the national level, and. The procedure for election (delegation) for such representatives is determined by the parties of social dialogue independently.
2. The term of office of board members of Fund constitutes six years and comes to an end in day of the first meeting of new board.
3. Fonda heads board the chairman who is elected from board members of Fund for a period of two years serially from representatives of each party. The board member for whom most of the board members which are present at meeting voted is considered the elected chairman. The chairman of the board has two deputies who together with the chairman represent three parties.
4. Board meeting of Fund is held according to the plan approved by it, but at least once a quarter. Emergency meetings of board of Fund can be held at the initiative of its chairman or according to the proposal of one of three representative parties of board or upon the demand of one third of board members of Fund.
5. The board is competent to make decisions in the presence at meeting of most of structure from each representative party. The decision is deemed accepted if most of the board members which are present at meeting voted for it. In case of equal distribution of voices the voice of the chairman of the board is decisive.
If the board of Fund cannot begin the work in connection with absence on meeting of most of structure from one of the representative parties, board meeting is postponed for the date determined by the present board members. During this period the representative parties hold consultations.
In case of repeated absence of most of structure from one of the representative parties the board is competent to make decisions, on condition of presence at meeting of most of board. Decisions are made in accordance with the established procedure and become effective after coordination by the central executive body realizing state policy in the sphere of social protection of the population.
6. The board decision of Fund made within its competence is obligatory for execution, including all insurers and insured persons whom it concerns. Board decision of Fund is drawn up by the resolution. Resolutions of board of Fund are subject to obligatory promulgation on the official website of Fund within 20 working days after their acceptance.
7. Board decision of Fund, according to the law are regulatory acts, are developed, considered, accepted and will be promulgated taking into account requirements of the Law of Ukraine "About fundamentals of the state regulatory policy in the sphere of economic activity".
1. Board Fonda:
Chooses 1) from the members for a period of two years of the chairman of the board of Fund and two of his deputies. At the same time the serial representation on these positions of each of three representative parties is provided;
Directs 2) and controls activities of executive directorate of Fund and its working bodies; annually, and also in case of need hears reports of the director of executive directorate of Fund on its activities;
3) creates on a parity basis for the solution of the most important tasks of Fund the permanent and temporary commissions of Fund for the areas of work;
Submits 4) for consideration to the central executive body which provides forming of state policy in the sphere of social protection of the population, for introduction on approval of the Cabinet of Ministers of Ukraine of the offer concerning determination of the size of fees by types of obligatory national social insurance;
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