LAW OF UKRAINE

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 to the working citizens by their social protection in connection with temporary disability, pregnancy and childbirth, in case of labor accident or occupational disease, protection of their life and health.

Section I. General provisions

Article 1. Determination of terms

1. In this Law the stated below terms are used in such value:

1) types of obligatory national social insurance:

in connection with temporary disability;

from labor accident and the occupational disease which entailed disability (further - accident insurance);

medical insurance;

2) the electronic register of leaves of disability - the system of accumulating, storage and use of information on the issued, extended and considered disability leaves, is created as component of the register of insured persons of the State register of obligatory national social insurance;

3) obligatory national social insurance (further - social insurance) - system of the rights, obligations and guarantees which provides insurance payments and provision of social services to insured persons at the expense of means of obligatory national social insurance in connection with temporary disability, from labor accident and occupational disease which entailed disability (further - means of social insurance), the means of the government budget and other sources which are not forbidden by the legislation;

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 obligatory national social insurance (further - single fee) established by the law for month for which the salary (income) is charged;

5) unfortunate case - the event limited in time or the sudden impact on the worker of dangerous production factor or environment which happened in the course of accomplishment of labor obligations by it as a result of which harm is done to health of the worker or there came his 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 insurance payments and social services according to this Law depending on types of social insurance;

7) occupational disease - disease which arose owing to professional activity of insured and is caused only or mainly by impact of hazardous substances and certain work types and other factors, work-related;

8) insurance years of service period (term) during which person is subject to social insurance according to types of social insurance;

9) the insurer - the Pension fund of Ukraine;

10) insured events:

on social insurance from accident - the labor accident or occupational disease (including it is established or is revealed when the victim was not 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 loss of working capacity event with which approach there is right of insured person, members of his family or other person on obtaining according to this Law of insurance payments;

11) insurance premiums - funds of assignments for the separate types of social insurance paid according to the legislation existing before entry into force with the Law of Ukraine "About collection and accounting of single fee on obligatory national social insurance", the means arriving from payment of single fee;

12) insurance means - the accumulated insurance premiums, the amounts from financial sanctions and other receipts according to the legislation for implementation of insurance payments and provision of social services according to this law;

13) insurance risks:

on social insurance from unfortunate case circumstance owing to which there can be accident or arises occupational disease;

on social insurance in connection with temporary loss of working capacity circumstance owing to which insured person or members of his family can temporarily lose means of livelihood and need insurance payments 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;

15) the medical certificate about temporary disability - the electronic document created based on medical records also contains the conclusion of the doctor by results of medical examination on temporary disability in electronic health care system, certifying temporary disability and is the basis for creation of leaf of disability;

16) disability leaf - the fact of adoption of the child created by software of the electronic register of leaves of disability based on the medical certificate about temporary disability or the document, certifying, is also registered according to single registration number of this register the electronic document which is the basis for release from work, purpose of insurance payments according to the legislation on social insurance.

2. The terms "insured person" and "insurers" 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", the terms "specialist gigabyte", "gigabyte contract" and "resident Deystviye City" - in the values given in the Law of Ukraine "About stimulation of development of digital economy in Ukraine".

Article 2. Legislation of Ukraine On 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, the Law of Ukraine "About obligatory national pension insurance", this Law, other legal acts and other regulatory legal acts adopted according to it.

2. If international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine establish other regulations, than those that are stipulated by the legislation Ukraine about social insurance, regulations of the international treaty are applied.

Article 3. Principles of social insurance

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 of the expenses connected with provision of insurance payments and social services in the amounts provided by this Law;

5) forming and use of means of social insurance on the principles of solidarity and subsidizing;

6) differentiations of the amount of allowance payment depending on insurance years of service;

7) economic interest of subjects of insurance in improvement of conditions and labor safety;

8) target use of means of social insurance;

9) responsibility of employers and the insurer for realization of the right of insured person to insurance payments and social services according to this Law.

Section II. Management in system of obligatory national social insurance in connection with temporary disability and from accident

Article 4. Authorized body of management in system of obligatory national social insurance in connection with temporary disability and from accident

1. Authorized body of management in system of obligatory national social insurance in connection with temporary disability and from accident (further - authorized body management) is the Pension fund of Ukraine.

Legal status, procedure for education and activities of authorized body of management are determined according to the Law of Ukraine "About obligatory national pension insurance".

2. The authorized body of management is holder and the administrator of the electronic register of leaves of disability as component of the register of insured persons of the State register of obligatory national social insurance.

Article 5. Main objectives and functions of authorized body of management and its territorial authorities

1. The main objectives of authorized body of management and its territorial authorities are:

1) realization of state policy in spheres of social insurance;

2) implementation of insurance payments and provision of social services according to this Law;

3) prevention of accidents;

4) conducting check of justification of issue, the prolongation of leaves of disability and documents which are the basis for their forming based on information from electronic systems and registers;

5) control of use by insurers and insured persons of insurance means.

2. Authorized body of management and its territorial authorities according to the tasks assigned to them:

1) exercise control and the operational order of financial resources within the means of social insurance approved by the Cabinet of Ministers of Ukraine, property management;

2) make investigation of insured events, check of justification of issue, the prolongation of leaves of disability and documents which are the basis for their forming based on information from electronic systems and registers;

3) is performed by actions for prevention of insured events;

4) provide functioning of information and analytical system of social insurance;

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