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Ministry of Justice of Ukraine

November 6, 2008

No. 1079/15770

ORDER OF THE MINISTRY OF DEFENCE OF UKRAINE

of August 19, 2008 No. 407

About approval of the Regulations on the organization in the Ministry of Defence of Ukraine works on calculation of length of service for purpose of pensions to the military personnel and social security of persons discharged from military service and members of their families

(as amended on on January 18, 2010)

According to the laws of Ukraine "About provision of pensions of persons discharged from military service and some other persons", "About social and legal protection of the military personnel and members of their families" and resolutions of the Cabinet of Ministers of Ukraine of July 17, 1992 N 393 "About procedure for calculation of length of service, appointment and pension payment and the monetary assistance to faces of officers, to ensigns, warrant officers, the military personnel of extra urgent service and military service under the contract, faces of the commanding and ordinary structure of law-enforcement bodies and members of their families" (with changes) and of February 13, 2008 N 45 "About approval of the Procedure for carrying out recalculations of the pensions granted according to the Law of Ukraine "About provision of pensions of persons discharged from military service and some other persons" and introduction of amendments to resolutions of the Cabinet of Ministers of Ukraine of July 17, 1992 N 393", and of May 28, 2008 N 499 "About approval of the Procedure and conditions of appointment and payment of the disposable monetary assistance in case of death (death), wound (contusion, injury or mutilation) or disability of the military personnel, persons liable for call-up and reservists called on educational (or checking) both special charges, and disability (charges) of persons discharged from military service", and also according to the tasks assigned to the Ministry of Defence of Ukraine by the Regulations on the Ministry of Defence of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of August 3, 2006 N 1080, I ORDER:

1. Approve Regulations on the organization in the Ministry of Defence of Ukraine of work on calculation of length of service for purpose of pensions to the military personnel and social security of persons discharged from military service, and members of their families which is applied.

2. To provide to the director of the department of finance of the Ministry of Defence of Ukraine, the commander of Land forces of the Armed Forces of Ukraine, the commander of Naval forces of the Armed Forces of Ukraine, commanders of troops of operational commands, the commander of military unit of A0515 calculation of length of service (general insurance years of service) for purpose of pensions to the military personnel which are subject to dismissal from military service.

3. To the commander of Land forces of the Armed Forces of Ukraine, commanders of troops of operational commands, the commander of military unit And 0515, to the military commissioner of the Autonomous Republic of Crimea, regional and Kiev city to military commissioners to provide timely and complete registration and provision in bodies of the Pension fund of Ukraine of documents for appointment and recalculation of pensions to persons discharged from military service and to members of their families.

4. To the director of the department of finance of the Ministry of Defence of Ukraine to prepare the draft of the relevant order concerning reduction of the existing regulatory legal acts of the Ministry of Defence of Ukraine in compliance with this order.

5. Distribute the order according to mailing calculation.

Minister of Defence of Ukraine

Yu.I.Ekhanurov

Approved by the Order of the Minister of Defence of Ukraine of August 19, 2008 No. 407

Regulations on the organization in the Ministry of Defence of Ukraine works on calculation of length of service for purpose of pensions to the military personnel and social security of persons discharged from military service and members of their families

1. General provisions

1.1. this Provision determines procedure:

calculations of length of service (general insurance years of service) for purpose of long-service pensions to persons discharged from military service according to article 17-1 of the Law of Ukraine "About provision of pensions of persons discharged from military service and some other persons" (further the Law) and the resolution of the Cabinet of Ministers of Ukraine of July 17, 1992 N 393 "About procedure for calculation of length of service, appointment and pension payment and the monetary assistance to faces of officers, to ensigns, warrant officers, the military personnel of extra urgent service and military service under the contract, faces of the commanding and ordinary structure of law-enforcement bodies and members of their families" (with changes);

registrations and provisions in bodies of the Pension fund of Ukraine of documents for appointment and recalculation of long-service pensions, on disability and in case of loss of the supporter according to the Law, the resolution of the Cabinet of Ministers of Ukraine of February 13, 2008 N 45 "About approval of the Procedure for carrying out recalculations of the pensions granted according to the Law of Ukraine "About provision of pensions of persons discharged from military service, and some other persons", and introduction of amendments to the resolution of the Cabinet of Ministers of Ukraine of July 17, 1992 N 393" and the resolution of the Pension fund of Ukraine of January 30, 2007 N 3-1 "About approval of the Procedure for provision and document creation for purpose (recalculation) of pensions according to the Law of Ukraine "About provision of pensions of persons exempted from military service, and some other persons" registered in the Ministry of Justice of Ukraine on February 15, 2007 for N 135/13402;

payments of the disposable monetary assistance in case of death (death) or mutilation of the military personnel, persons liable for call-up and reservists called on educational (or checking) and special charges, according to article 16 of the Law of Ukraine "About social and legal protection of the military personnel and members of their families", resolutions of the Cabinet of Ministers of Ukraine of February 21, 2007 N 284 "About approval of the Procedure and conditions of appointment and payment of the disposable monetary assistance in case of death (death), mutilation or disability of the military personnel and disability of the persons discharged from military service who happened in 2006" and of May 28, 2008 N 499 "About approval of the Procedure and conditions of appointment and payment of the disposable monetary assistance in case of death (death), wound (contusion, injury or mutilation) or disability of the military personnel, persons liable for call-up and reservists called on educational (or checking) both special charges, and disability (charges) of persons discharged from military service";

document creations for payment of the compensation amounts according to the resolution of the Cabinet of Ministers of Ukraine of May 5, 1994 N 290 "About approval of the Regulations on payment procedure of the compensation amounts by the serviceman who became disabled people and also to members of families of the military personnel who died during fulfillment of duties of military service as a part of Peacekeeping Forces of the UN";

the organizations of work concerning determination of the amount of cash cover for appointment and recalculation of pensions to persons discharged from military service (except the former military personnel of compulsory military service);

carrying out control and auditing work on questions of social security of persons discharged from military service and members of their families.

1.2. Appointment and pension payment to persons discharged from military service and to members of their families are performed by bodies of the Pension fund of Ukraine according to the Law.

1.3. The serviceman having the right to provision of pensions according to the Law, pensions are granted and paid after their dismissal from military service.

To pensioners from among the former military personnel in case of their repeated acceptance on military service in the Armed Forces of Ukraine other military forming formed according to the laws of Ukraine, in the Public special service of transport, service in law-enforcement bodies, Public service of special communication and information security of Ukraine, bodies and divisions of civil protection, tax police and State department concerning execution of punishments pension payment for the period of their service stops based on messages of military commissariats which are sent to relevant organ of the Pension fund of Ukraine in 15-day time from the date of repeated acceptance to service in above-mentioned bodies. In case of the subsequent dismissal from service of these persons payment of pensions to them is performed taking into account general length of service on the date of the last dismissal.

1.4. To persons discharged from military service on age, for health reasons, in connection with staff reduction or organizational actions without pension entitlement within one year after dismissal from service the military commissariat of the Autonomous Republic of Crimea, regional and Kiev city military commissariats (daleeoblastny military commissariats) pays the monthly monetary assistance in the amount of salary on military by rank.

Who have no pension entitlement, for employment, but no more than one year, the monthly help in the amount of official pay rate and salary with military rank is paid to persons discharged from military service according to the Law of Ukraine "About the state guarantees of social protection of the military personnel who leaves from service in connection with reforming of the Armed Forces of Ukraine and members of their families" (with changes). In case of registration in accordance with the established procedure of these persons in public service of employment the specified payment is not performed.

2. Procedure for calculation of length of service for award of pension

2.1. To the persons discharged from military service, having pension entitlement according to the Law for award of pension are enlisted in length of service:

a) military service in the Armed Forces of Ukraine, the Security Service of Ukraine, Service of foreign intelligence of Ukraine, the State Border Service of Ukraine, the Ministry of Ukraine concerning emergency situations and for protection of the population against consequences of the Chernobyl catastrophic crash, the Public special service of transport of Ukraine, Management of the state protection of Ukraine, Public service of special communication and information security of Ukraine, National guard of Ukraine, Border troops, and also other military forming created by the Verkhovna Rada of Ukraine;

b) service in law-enforcement bodies, the state fire protection, bodies and divisions of civil protection, tax police, the Public criminal and executive service of Ukraine (before its education - in State department of Ukraine concerning execution of punishments) on positions of the commanding and ordinary structure - from the date of appointment to the corresponding position;

c) active duty in the Soviet Army and Navy, border, internal, railway troops, in the state security agencies and other military forming of the USSR, and also service in law-enforcement bodies of the USSR and other types of service and the periods of work which according to the legislation of the USSR were enlisted in length of service for purpose of pensions to the military personnel, and also to faces of the commanding and ordinary structure of law-enforcement bodies. The length of service (including on favorable terms) in this case is estimated according to the procedure, the USSR established by the legislation if this Provision does not provide more preferential terms of transfer of time of service for purpose of pensions to the military personnel and faces of the commanding and ordinary structure of law-enforcement bodies (The list of internal troops of the USSR is given in appendix 1 to this Provision);

d) service as military builders in military and construction groups (parts);

) stay time on practical flight training of persons which are called up for military service who studied as reserve officers of aircrew in the educational organizations of Society of assistance to defense of Ukraine, from January 1, 1961 to October 11, 1991 - in system of Volunteer society of assistance of army, aircraft and fleet of the USSR;

e) operating time in public authorities, local government bodies or bodies created by them, at the companies, in organizations, the organizations and in higher educational institutions with leaving on military service, services in law-enforcement bodies of the state fire protection, bodies and divisions of civil protection, tax police or the Public criminal and executive service of Ukraine (State department of Ukraine concerning execution of punishments);

e) time of accomplishment of deputy powers with leaving on military service, service in law-enforcement bodies, the state fire protection, bodies and divisions of civil protection, tax police or the Public criminal and executive service of Ukraine (State department of Ukraine concerning execution of punishments);

s) stay time under guards and term of imprisonment in places of detention persons having pension entitlement under the Law is groundless brought to trial, is groundless victims of political repression and subsequently rehabilitated;

g) time of stay in fascist concentration camps, ghetto and other places of detention of persons, including children who were violently exported from temporarily occupied territory of the USSR in the period of the Great Patriotic War and who after release from these places were called or accepted directly on military service, service in law-enforcement bodies if during stay in the specified places of detention they did not commit crime against the world and mankind;

h) stay time in captivity or the hostage if capture or capture by the hostage was not voluntary and person having pension entitlement under the Law, staying in captivity or the hostage, did not commit crime against the world and mankind;

i) operating time in judicial authorities and bodies of prosecutor's office of persons working at positions of judges, prosecutors, investigators also were in the military service or service in bodies and military forming of the Security Service of Ukraine, service in law-enforcement bodies, tax police or the Public criminal and executive service of Ukraine on positions of the officer and commanding structure;

i) military service in armed forces, law-enforcement bodies the state security agencies of the State Parties of the Commonwealth of Independent States (further - the CIS) and other military forming created by legislature of these states, the Joint Armed Forces of the CIS.

The length of service (including on favorable terms) in this case is estimated according to the procedure, the CIS established by the legislation of gosudarstvuchastnik in the territory of whom the military personnel passed military service, service in law-enforcement bodies, the state security agencies if another is not established by the corresponding international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine;

x) operating time in state bodies in case of transition to military service to bodies and military forming of the Security Service of Ukraine, Management of the state protection of Ukraine, service to law-enforcement bodies, the state fire protection, bodies and divisions of civil protection, tax police or the Public criminal and executive service of Ukraine to positions of the officer and commanding structure according to the lists of positions approved respectively by the Security Service of Ukraine, Management of the state protection of Ukraine, the Ministry of Internal Affairs of Ukraine, the Ministry of Ukraine concerning emergency situations and for protection of the population against consequences of the Chernobyl catastrophic crash, State Tax Administration of Ukraine and State department of Ukraine concerning execution of punishments;

й) stay time on positions of employees of the Public criminal and executive service of Ukraine, in divisions of the professional (not militarized) fire protection, the positions further transferred to category which are replaced with the private and the commanding structure, according to the list of positions and on conditions which are determined by State department of Ukraine concerning execution of punishments and the Ministry of Ukraine concerning emergency situations and for protection of the population against consequences of the Chernobyl catastrophic crash;

j) time of passing of military service outside Ukraine according to the procedure of military cooperation or as a part of Peacekeeping Forces according to international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine.

2.2. In length of service on pension to faces of officers in case of purpose of long-service pension it in addition enlists time of their study (irrespective of form of education) in civil higher educational institutions, in other educational institutions after which termination the officer (special) rank is given, before revenues to military service, service in law-enforcement bodies, the state fire protection, bodies and divisions of civil protection, tax police or the Public criminal and executive service of Ukraine or appointment to the corresponding position in limits up to five years from calculation - one year of study in six months of service.

According to article 2 of the Agreement on procedure for provision of pensions of the military personnel and members of their families and national insurance of the military personnel of the State Parties of the CIS signed in the city of Tashkent on May 15, 1992, article 2 of the Agreement between the Cabinet of Ministers of Ukraine and the Government of Georgia about provision of pensions of the military personnel and members of their families signed on October 2, 1999, article 2 of the Agreement between the Cabinet of Ministers of Ukraine and the Government of the Azerbaijan Republic about provision of pensions of the military personnel and members of their families and the national compulsory personal insurance of the military personnel signed on March 16, 2000, length of service (including on favorable terms) it is estimated according to the procedure, established in the State Parties of the CIS in the territory of which the military personnel passed military service.

2.3. In case of calculation of length of service for purpose of pensions (except pensions which are granted taking into account insurance years of service) the separate periods of service of the military personnel are enlisted on favorable terms (taking into account requirements of Items 2.4 and 2.5 of this provision):

a) one month of service in three months:

participation in fighting in wartime;

time of continuous stay on treatment in medical institutions owing to the wounds, contusions, mutilations or diseases got by the military personnel in the military units, headquarters and organizations which were part of field army;

stay time under guards, term of imprisonment in places of detention and expulsions of the military personnel, is groundless brought to trial, is groundless victims of political repression and further rehabilitated;

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