RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 9, 2001 No. 998

About approval of the Procedure of the insurance payments appointed in connection with labor accident and occupational disease which entailed disability, to persons who left Ukraine

Cabinet of Ministers of Ukraine decides:

Approve the Procedure of the insurance payments appointed in connection with labor accident and occupational disease which entailed disability to persons who left Ukraine it (is applied).

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 9, 2001, No. 998

Procedure of the insurance payments intended in connection with labor accident and occupational disease which entailed disability, to persons who left Ukraine

1. This Procedure is applied if international treaties of Ukraine do not establish other rules of implementation of the insurance payments intended in connection with labor accident and occupational disease which entailed disability, to persons who left on the permanent residence of Ukraine (further - the victim).

2. In connection therewith Rather the stipulated in Article 30 Laws of Ukraine "About obligatory national social insurance" the insurance payments appointed to the victim according to articles 37 and 38 of the specified Law can be performed.

3. Financing of the expenses connected with implementation of insurance payments to the victim including on transfer (translation) of sums of money out of limits of Ukraine, is carried out at the expense of means of the Pension fund of Ukraine.

4. For transfer (translation) of the corresponding sums of money the victim shows to the Pension fund:

a) the statement in form which affirms the Pension fund, with indication of method of transfer (translation) of sums of money;

b) certificate of diplomatic representation or consular establishment of Ukraine of the permanent place of the accommodation abroad.

5. The victim receives insurance payments at the choice in the way:

a) transfers of sums of money to its account opened in bank institution in the territory of Ukraine;

b) transfers of sums of money to its account in credit institute of the country of its permanent residence outside Ukraine;

c) postal order of sums of money to its permanent residence which was injured in the country if Ukraine signs with it the agreement on exchange of postal money transfers.

6. Insurance payments are performed on condition of provision by the victim to the Pension fund annually in December of the certificate which the fact of stay of the victim in live, issued according to the legislation of Ukraine diplomatic representation or consular establishment of Ukraine makes sure.

Instead of the specified certificate the victim can provide the Pension fund the document which the fact of stay of the victim in live, issued by the relevant local organization according to the legislation of the country of accommodation of the victim makes sure and legalized in accordance with the established procedure by diplomatic representation or consular establishment of Ukraine if another is not provided by international treaties of Ukraine.

The legalized document is filed to the Pension fund together with its translation into Ukrainian. The translation makes sure of diplomatic representation or consular establishment of Ukraine at the permanent address of the victim or of notarial procedure in the territory of Ukraine.

In case of not receipt of the specified document at the scheduled time transfers (translation) of the amounts of insurance payments to the victim stops before its receipt.

7. Transfer (translation) of the amounts of insurance payments is performed by the Pension fund through authorized bank in currency of the country of accommodation of the victim or in US dollars on official (exchange) rate of National Bank on the date of transfer (translation).

The authorized bank at the request of the Pension fund buys the corresponding foreign currency for the purpose of implementation of the specified insurance payments.

The procedure for determination of authorized bank approves the Pension fund with National Bank and the Antimonopoly Committee.

8. Transfer (translation) of the amounts of insurance payments to the victim begins since the month coming after month of its departure out of limits of Ukraine, but not earlier than from the date of to which the corresponding amounts before its departure are paid to the victim for limits of Ukraine.

9. The victim, extent of loss of professional working capacity to which it is not established it is termless, is subject to survey repeated medico-socially in Ukraine according to the procedure, established by the legislation of Ukraine.

If the victim has no opportunity to arrive to Ukraine for repeated medico-social survey, establishment to it extent of loss of professional working capacity can be performed in absentia, without presence of the victim, in the presence: the consent of the victim confirmed with its application in person, the corresponding petition of the Pension fund and medical documents of medical institution at the place of residence of the victim outside Ukraine which contain sufficient information for establishment of extent of loss of professional working capacity by the victim.

10. The medical documents specified in Item 9 of this Procedure shall be certified by competent authorities of the country of accommodation of the victim and together with the translation into Ukrainian legalized in accordance with the established procedure by diplomatic representation or consular establishment of Ukraine if another is not provided by international treaties of Ukraine.

The expert opinion in case of the correspondence establishment of extent of loss of professional working ability of the victim is drawn by organization of medico-social examination according to regulatory legal acts concerning medico-social examination which are effective in Ukraine.

The specified expert opinion go to the Pension fund for the solution of question of implementation of further insurance payments to the victim.

11. The correspondence establishment of extent of loss of professional working capacity by the victim is carried out based on the agreement which is signed between the relevant organization of medico-social examination and the Pension fund.

12. The victim files necessary documents to the Pension fund through diplomatic representation or consular establishment of Ukraine in the country of the permanent residence or other acceptable method.

13. In case of decision making about stop of insurance payments, changes of their size or the termination the Pension fund goes to ten-day time injured the corresponding message with reasons for the decision.

14. The victim who did not receive during stay outside Ukraine of insurance payments upon return on permanent residence to Ukraine receives insurance payments according to the legislation of Ukraine.

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