of October 5, 2000 No. 2017-III
About the state social standards and the state social guarantees
This Law determines the legal basis of forming and application of the state social standards and standard rates directed to realization fixed by the Constitution of Ukraine and the laws of Ukraine of the basic social guarantees.
In this Law terms and concepts are used in the following value:
the state social standards - the social norms and standard rates established by the laws, other regulatory legal acts or their complex on the basis of which levels of the basic state social guarantees are determined;
the state social guarantees - the minimum wages established by the laws, the income of citizens, provision of pensions, the public assistance the privileges established by the laws, the sizes of other types of social payments established by the laws and other regulatory legal acts, providing level of living are not lower than subsistence minimum;
subsistence minimum - the cost size of normal functioning of human body, sufficient for providing, preserving his health of set of food, and also the minimum set of nonfoods and the minimum set of the services necessary for satisfaction of the basic social and cultural needs of the personality;
social norms and standard rates - indicators of necessary consumption of food, nonfoods and services and providing with educational, medical, housing-and-municipal, welfare services;
standard rates of expenses (financing) - indicators of the current and capital expenditures from budgets of all levels on ensuring requirements satisfaction at the level which is not lower than the state social standards and standard rates.
The state social standards and standard rates are established on purpose:
determinations of the mechanism of realization of the social rights and state social guarantees of the citizens determined by the Constitution of Ukraine;
determinations of priorities of the state social policy on ensuring needs of the person for material benefits and services and financial resources for their realization;
determinations and reasons for the sizes of expenses of the Government budget of Ukraine, the budget of the Autonomous Republic of Crimea and local budgets, social funds on social protection and providing the population and content of the social sphere.
On the basis of social standards the sizes of the basic social guarantees are determined: minimum sizes of the salary and old-age pension, other types of social payments and help.
The state social standards are surely considered in case of development of programs of economic and social development.
Forming of the state social standards and standard rates is performed by the following principles:
providing the social rights and the state social guarantees of sufficient living standards determined by the Constitution of Ukraine for everyone;
legislative establishment of the major state social standards and standard rates;
the approach to determination of standard rates differentiated on social and demographic signs;
scientific justification of regulations of consumption and providing;
publicity and public control in case of their determination and application;
accounting of requirements of regulations of international treaties of Ukraine in the sphere of social protection and employment relationships.
Social standard rates are divided by nature of satisfaction of social requirements on:
standard rates of consumption - the amount of consumption in kind for certain period (in year, in month, in day) food, nonfoods of daily consumption and some types of service;
standard rates of providing - certain quantity of the objects of long-term use which are available in private consumption, and also providing certain territory with network of healthcare institutions, educations, the companies, organizations, the organizations of welfare, consumer, transport services and housing and communal services;
standard rates of the income - the size of personal income of the citizen or family guaranteeing them the sufficient level of requirements satisfaction which is calculated on the basis of determination of cost size of set of standard rates of consumption and providing.
On the level of satisfaction of social requirements social standard rates are subdivided on:
standard rates of rational consumption - the level guaranteeing optimum requirements satisfaction;
standard rates of the minimum consumption - socially acceptable level of consumption of food, nonfoods and services proceeding from social or physiological requirements;
statistical standard rates - the norms determined on the basis of indicators of the actual consumption or security for all population or its separate social and demographic groups.
The state social standards and standard rates are created, established and affirm according to the procedure, determined by the Cabinet of Ministers of Ukraine with participation and in coordination with other parties of social partnership if other is not provided by the Constitution of Ukraine and the laws of Ukraine.
The basic state social standard is the subsistence minimum established by the law on the basis of which the state social guarantees and standards in spheres of the income of the population, housing-and-municipal, consumer, welfare services, health care and education are determined.
The state social standards in the sphere of the income of the population are established for the purpose of determination of the sizes of the state social guarantees in the sphere of compensation, payments for compulsory national social insurance, the rights to other types of social payments and the government public assistance and their sizes, and also determinations of priority of the directions of the state social policy.
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