LAW OF THE REPUBLIC OF BELARUS

of January 31, 1995 No. 3563-XII

About bases of the national social insurance

Article 1. National social insurance

The national social insurance represents system of pensions, benefits and other payments to citizens of the Republic of Belarus, to foreign citizens and stateless persons (further if other is not established, - citizens) at the expense of means of state non-budgetary funds of social insurance in the cases provided by this Law.

Article 2. Basic principles of the national social insurance

The basic principles of the national social insurance are:

obligatory participation of employers and the working citizens in forming of state non-budgetary funds of social insurance;

distribution of means from able-bodied citizens to disabled, from working to the unemployed;

security of pensions, benefits and other payments according to the legislation;

equality of citizens of the Republic of Belarus irrespective of social position, racial and national identity, floor, language, occupation, the residence in the right to the national social insurance;

differentiation of conditions of purpose of pensions, benefits, other payments for the national social insurance and their sizes;

participation of representatives of the legal entities and physical persons paying fees on the national social insurance in management of the national social insurance.

Article 3. Legal regulation of the relations in the sphere of the national social insurance

The relations in the sphere of the national social insurance are governed by the legislation on the national social insurance, and also the international treaties of the Republic of Belarus and other international legal acts containing obligations of the Republic of Belarus.

The legislation on the national social insurance is based on the Constitution of the Republic of Belarus and consists of this Law and other acts of the legislation regulating conditions, the sizes and procedure for the organization of the national social insurance for each insured event.

Features of the national social insurance of the citizens undergoing military and special charges and participating in actions for mobilization preparation are determined by the legislation in the sphere of execution of conscription.

If the international treaty of the Republic of Belarus establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.

Article 4. Means of the national social insurance

Means of the national social insurance consist of fees on the national social insurance in state non-budgetary funds of social insurance, the income from their capitalization and placement, other receipts.

Funds of the national social insurance are accumulated in the state non-budgetary funds of social insurance created by acts of the President of the Republic of Belarus and the laws.

Means of the national social insurance are not subject to withdrawal and cannot be used on the purpose, not stipulated by the legislation about the national social insurance.

Article 5. The sizes of fees on the national social insurance

The sizes of fees on the national social insurance are established by acts of the President of the Republic of Belarus and (or) the laws.

The sizes of fees on the national social insurance are established depending on insured event and can be differentiated under the terms of work and to employee categories.

Article 6. Payment of fees on the national social insurance and their use

The contributory scheme on the national social insurance in state non-budgetary funds of social insurance and their use is established by acts of the President of the Republic of Belarus and (or) the laws.

Article 7. Citizens to whom the national social insurance extends

Are subject to compulsory national social insurance:

the citizens working according to employment contracts, civil agreements which subject are performance of works, rendering services and creation of intellectual property items, at legal entities, in their representations and branches having separate balance, the representative offices of the foreign organizations, the foreign organizations performing activities in the Republic of Belarus through permanent mission, corresponding to the signs determined by the Tax code of the Republic of Belarus at individual entrepreneurs, notaries performing notarial activities in notarial bureaus or on the basis of membership (participation) in legal entities of any forms of business and also the physical persons who are owners of property (participants, members, founders) of legal entities and performing functions of heads of these legal entities;

individual entrepreneurs, notaries, lawyers (except the specified in paragraphs six and the seventh part two of this Article);

the physical persons recognized by taxpayers on the professional income (except specified in paragraph eight of part two of this Article);

the persons condemned to imprisonment for certain term or who are in medical and labor dispensaries which are involved in accomplishment of paid works according to the legislation;

the unemployed disabled people owing to labor mutilation or occupational disease who did not reach generally established retirement age, receiving the monthly insurance payment established for insured persons by the legislation on compulsory insurance from labor accidents and occupational diseases (further – monthly insurance payment);

persons receiving temporary disability benefit in connection with damage of health owing to labor accident or occupational disease according to the legislation on compulsory insurance from labor accidents and occupational diseases (further – in connection with insured event);

the military personnel undergoing compulsory military service.

The participation right in legal relationship on the national social insurance is granted:

to the physical persons performing the activities which are not relating to business activity according to legal acts, not being notaries, lawyers and who are not recognized as taxpayers on the professional income;

to the citizens working in the Republic of Belarus, participating in program implementation and projects of the international technical assistance of the European Union;

to the citizens working in representative offices of the international organizations in the Republic of Belarus, diplomatic representations and consular establishments of the foreign states accredited in the Republic of Belarus;

to the citizens working outside the Republic of Belarus;

to individual entrepreneurs who along with implementation of business activity are receivers of pensions; have entitlement to benefit on child care aged up to three years; receive general secondary, professional, secondary vocational, higher education in day form of education; participate in program implementation and projects of the international technical assistance of the European Union;

to notaries, lawyers who along with implementation of notarial, lawyer activities are receivers of pensions have entitlement to benefit on child care aged up to three years;

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