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BASES OF THE LEGISLATION OF UKRAINE ON OBLIGATORY NATIONAL SOCIAL INSURANCE

of January 14, 1998 No. 16/98-BP

(as amended on 15-07-2021)

Bases of the legislation of Ukraine on obligatory national social insurance (further - Bases) according to the Constitution of Ukraine determine the principles and the general legal, financial and organizational beginnings obligatory gosudarstven oho social insurance of citizens in Ukraine.

Section I. General provisions

Article 1. Concept of obligatory national social insurance

Obligatory national social insurance is the system of the rights, obligations and guarantees providing social protection which includes material security of citizens in case of disease, complete, partial or temporary disability, loss of the supporter, unemployment owing to circumstances, and also in old age and in other cases provided by the law at the expense of the cash funds created by payment of insurance premiums by the owner or the body authorized by it (further - the employer), citizens, and also the budget and other sources provided by the law.

Article 2. Legislation of Ukraine on obligatory national social insurance and its tasks

The legislation of Ukraine on obligatory national social insurance consists of these Bases and the laws adopted according to them, other regulatory legal acts governing the relations in the sphere of obligatory national social insurance.

If the international treaty of Ukraine which consent to be bound is this the Verkhovna Rada of Ukraine establishes other regulations, than those which are stipulated by the legislation Ukraine about obligatory national social insurance then are applied regulations of the international treaty.

Task of the legislation on obligatory national social insurance is establishment of guarantees on protection of the rights and interests of citizens who have pension entitlement, and also to other types of social protection including the right to providing them in case of disease, permanent or temporary disability, unemployment owing to circumstances, need of child care with disability, the sick family member, the death of the citizen and members of his family etc.

Article 3. The right of citizens to providing on obligatory national social insurance

On obligatory national social insurance according to these Bases the insured citizens of Ukraine, foreign citizens, stateless persons and members of their families living in Ukraine have the right to providing if other not before smotreno legislation of Ukraine, and also the international treaty of Ukraine which consent to be bound is this the Verkhovna Rada of Ukraine.

Article 4. Types of obligatory national social insurance

Depending on insured event there are following types of obligatory national social insurance:

pension insurance;

insurance in connection with temporary disability;

medical insurance;

accident insurance on production and occupational disease, entailed disability;

insurance on unemployment case;

other types of insurance provided by the laws of Ukraine.

The relations arising by the types of obligatory national social insurance specified in part one of this Article are regulated by the laws adopted according to these Bases.

Article 5. Principles of obligatory national social insurance

Obligatory national social insurance of citizens of Ukraine is performed on the principles:

legislative determination of conditions and procedure of obligatory national social insurance;

obligation of insurance of persons working at conditions of the employment contract (contract) and other bases stipulated by the legislation about work, and persons providing themselves with work independently (the members of the creative unions, creative specialists who are not members of the creative unions), citizens - subjects of business activity;

provisions of the right of receipt of payments for obligatory national social insurance to persons occupied with business, creative activity, etc.;

obligation of financing by insurance funds of the expenses connected with provision of material security and social services in the amounts provided by the laws on obligatory national social insurance;

solidarity and subsidizing;

state sales warranties insured citizens of the rights;

providing level of living, not below the subsistence minimum established by the law, way of provision of pensions, other types of the social payments and benefits which are the main source of existence;

target use of means of obligatory national social insurance;

equal share of representatives of all subjects of obligatory national social insurance in management of obligatory national social insurance.

Article 6. Subjects and objects of obligatory national social insurance

Subjects of obligatory national social insurance are insured citizens, and in some cases - members of their families and other persons, insurers and insurers.

The physical person for benefit of which obligatory national social insurance is performed is insured.

The group of people which can be insured on obligatory national social insurance is determined by these Bases and other laws adopted according to them.

Insurers on obligatory national social insurance are employers and insured persons if other is not provided by the laws of Ukraine.

Insurers are trust insurance funds with:

pension insurance;

insurance in connection with temporary disability, from labor accidents and occupational diseases, medical insurance;

insurance on unemployment case.

Insurance funds undertake obligations on provision to insured persons of material security and social services in case of approach of insured events.

Object of obligatory national social insurance is the insured event with which approach insured person (the member of his family, other person) has right to material security and social services, stipulated in Article 25 these Bases.

Article 7. Persons which are subject to obligatory national social insurance

Are subject to obligatory national social insurance:

1) persons working at conditions of the employment contract (contract):

a) at the companies, in the organizations, organizations irrespective of their patterns of ownership and managing;

b) at physical persons;

2) persons providing themselves with work independently (the members of the creative unions, creative specialists who are not members of the creative unions), citizens are the subjects of business activity specialists gigabyte attracted with residents Action of City on gigabyte contracts according to the Law of Ukraine "About stimulation of development of digital economy in Ukraine".

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