of July 15, 1999 No. 966-XIV
About subsistence minimum
This Law according to article 46 of the Constitution of Ukraine gives definition to subsistence minimum, lays the legal basis for its establishment, approval and taking into account in case of realization by the state of the constitutional guarantee of citizens for sufficient living standards.
Subsistence minimum - the cost size of normal functioning of human body, sufficient for providing, preserving his health of set of food (further - set of food products), and also the minimum set of nonfoods (further - set of nonfoods) and the minimum set of services (further - set of services), the basic social and cultural needs of the personality, necessary for satisfaction.
The subsistence minimum is determined by regulatory method per month on one person, and also separately for those who treat the main social and demographic national groups:
children under 6 years;
children aged from 6 up to 18 years;
persons which lost working capacity.
Persons which did not reach the retirement age established by the law treat able-bodied persons.
Persons which reached the retirement age established by the law, persons which reached retirement age which grants the right to award of pension on favorable terms, and the unemployed persons recognized as persons with disability in accordance with the established procedure concern persons which lost working capacity.
The subsistence minimum determined for persons who according to the legislation are subject to compulsory national social insurance increases by the amount of obligatory payments.
The subsistence minimum is applied for:
overall assessment of level of living in Ukraine which is basis for realization of social policy and development of separate state social programs;
establishments of the sizes of minimum wage and minimum pension on age, determinations of the sizes of social benefits, benefits to families with children, unemployment benefits, and also grants and other social payments proceeding from requirements of the Constitution of Ukraine and the laws of Ukraine;
determinations of the right to purpose of social benefits;
determinations of the state social guarantees and standards of servicing and providing in the fields of health care, education, social servicing and others;
establishments of size not of taxable minimum of the income of citizens;
forming of the Government budget of Ukraine and local budgets.
For assessment of level of living in the region, developments and implementation of regional social programs, determinations of the right to purpose of the social benefits financed by local budgets, local government bodies the regional subsistence minimum, not below established according to this Law can affirm.
1. Set of food products and set of nonfoods are determined in natural indicators, set of services - in standard rates of consumption at least once in five years.
2. Set of food products is created by the central executive body performing forming of state policy in health sector with use of standard rates of physiological need of human body for food proceeding from their chemical composition and energy value, taking into account recommendations of the World Health Organization.
The basic principles of forming of set of food are:
providing the child with good nutrition for development of organism;
providing the child aged from 6 up to 18 years additional food for active social and physical development;
satisfaction of organism of the working person in working capacity reconstruction, preserving working capacity for the unemployed, recovery in necessary cases of working capacity for person, it lost;
maintenance of full functioning of human body of advanced age.
3. Set of nonfoods is created by the central executive body performing forming of state policy in the sphere of economic development with use of standard rates of ensuring hygiene with means, medicamentous means, protectants of the person from impact of the environment, and also means for the life device.
The basic principles of forming of set of nonfoods are:
ensuring preserving health and maintenance of activity of human body;
accounting of features of needs of persons which belong to different social and demographic national groups;
accounting of cultural and community needs of the personality.
4. Set of services joins housing-and-municipal, transport, household services, communication services, cultural institutions, education, health care and others.
Set of services is created by authorized central executive bodies in spheres of provision of the corresponding services.
The basic principles of forming of set of services are:
satisfactions of the minimum need of citizens for housing, the organization of life, use of transport, cultural institutions, in maintenance of communication with the environment;
satisfaction of need of citizens for use of educational institutions, health cares;
determination of housing and communal services (on water supply, heat supply, gas supply, electric utility service, water disposal, content and operation of housing and the house adjoining territories, collection of garbage, content of elevators) proceeding from social norm of housing and standard rates of consumption of the specified services;
accounting of features of needs of persons belonging to different social and demographic national groups.
The subsistence minimum is established by the Cabinet of Ministers of Ukraine after conducting scientific and public examination of the food created set, set of nonfoods and set of services.
The procedure for conducting scientific and public examination is established on the principles of social partnership and affirms the Cabinet of Ministers of Ukraine.
Subsistence minimum on one person, and also separately for those who treat the main social and demographic national groups, annually affirm the Verkhovna Rada of Ukraine as the law on the Government budget of Ukraine for the corresponding year. The subsistence minimum is published in official publications of nation-wide distribution sphere.
For observation of dynamics of level of living in Ukraine on the basis of statistical data about the level of consumer prices the central executive body providing forming of state policy in spheres of employment relationships, social protection of the population calculates monthly actual size of subsistence minimum as like as two peas, and also separately for those who treat the main social and demographic national groups.
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