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The contract between the Government of Ukraine and the Government of the Republic of Estonia on cooperation in the field of social security

of February 20, 1997

The government of Ukraine and the Government of the Republic of Estonia which are hereinafter referred to as by the Parties, aiming to develop cooperation in the field of social security, agreed as follows:

I. General provisions

Article 1

1. For the purpose of this Agreement:

the term "legislation" includes the laws and other legal acts of the Parties in industries of social security specified in Article 3 of this Agreement;

the term "competent authorities of management" means: in Ukraineministerstvo of social protection of the population of Ukraine; in the Republic of Estonia - the Ministry of social cases of the Republic of Estonia;

the term "competent organization" means body or organization to which duties appointment and allowance payment, and also financing of medical services belongs;

the term "family members" means the persons determined or recognized as the Parties, those based on the legislation;

the term "insurance periods" means the periods of payment of fees of the national compulsory social insurance, and also any other periods equated to the insurance periods according to the legislation of the Parties;

the term "accommodation" means: from Ukraine - the place of permanent residence recognized as it by the legislation of Ukraine from the Republic of Estonia that person is permanent resident of Estonia or the foreigner who stays in Estonia based on residence type for certain term;

the term "person who is independently engaged in labor activity" means the person working not on hiring for the purpose of income acquisition and falling under operation of the legislation specified in Article 3 of this Agreement;

the term "benefits" means pensions, money payments and other benefits, including all their parts and all increases, allowances and surcharges specified in Article 3 of this Agreement;

the term "medical services" means the services provided according to the legislation of the Parties;

the term "family allowances" includes: in Ukraine - the periodical money payments appointed depending on number and age of children and also lump-sum allowance in case of the child's birth;

in the Republic of Estonia - child allowances and family allowances.

2. Other terms and expressions used in this Agreement have significance which is attached to them by the legislation of the relevant Party.

Article 2

This Agreement regulates social security of persons, and also members of their families to whom the legislation of Ukraine or the Republic of Estonia in the field of social security extended or extends.

Article 3

1. This Agreement regulates the listed below industries of social security:

1) temporary disability benefits;

2) benefits on motherhood;

3) medical services;

4) disability pensions;

5) old-age pensions;

6) long-service pensions;

7) pensions on the occasion of loss of the supporter;

8) benefits in case of labor mutilation, occupational disease or death for these reasons;

9) benefits for burial;

10) unemployment benefits;

11) family allowances;

12) social pensions in Ukraine, national pensions in the Republic of Estonia.

2. In case of application of this Agreement it is necessary to be guided by the legislation:

1) Ukraine about:

1.1. provision of pensions;

1.2. government assistance to families with children;

1.3. public assistance;

1.4. social insurance;

1.5. medical attendance;

1.6. to labor protection regarding compensation of damage in connection with labor mutilation or occupational disease;

1.7. employment of the population regarding provision of unemployment benefits.

2) the Republic of Estonia about:

2.1. medical insurance;

2.2. the state living money, including pensions on favorable terms and for long service;

2.3. compensation of damage in case of labor mutilations and occupational diseases;

2.4. unemployment benefits;

2.5. nurseries and family allowances;

2.6. funeral benefits;

2.7. social tax.

3. This Agreement will be applied to the legislation which changes or supplements the provisions specified in Item 1 of this Article.

4. This Agreement will also be applied to the legislation which enters new system or new industry of social security provided that the competent authority of management of one Party within three months from the date of the official publication of the new legislation will notify in writing competent authority of management of other Party on distribution of validity on the new legislation.

Article 4

If this Agreement does not provide other, the Parties provide in the territory to the living or working persons of other Party the identical rights with the citizens, both concerning distribution on them of the legislation, and concerning rights to social insurance.

Article 5

1. If this Agreement does not provide other, the legislation of the Parties which limits allowance payment only because of accommodation of person out of the territory of the Party does not extend to persons who live in the territory of other contracting party.

2. The condition of Item 1 of this Article does not extend to unemployment benefits and family allowances.

II. Application of the legislation

Article 6

1. If this Agreement does not provide other, the legislation of the Party in the territory of which they perform work for hire, irrespective of their place of residence extends to persons working on hiring.

2. The legislation of the Party in the territory of which they perform labor activity, irrespective of their place of residence extends to persons who are independently engaged in labor activity.

3. On persons who are independently engaged in labor activity who live in the territory of one Party, but perform labor activity in the territory of both Parties, the legislation of the Party in the territory of which person lives extends.

4. However:

1) on persons working on hiring, in the territory of one Party and directed by the employer to the territory of other Party for performance of works for benefit of this employer, the legislation of the first Party continues to extend provided that the term of business trip of these persons does not exceed two years;

2) on members of diplomatic representations and consular establishments of the Parties and on service personnel which is engaged in exclusively personal servicing of diplomatic corps or consular officials provisions of the Vienna conventions on diplomatic relations of April 18, 1961, expatiate on the Consular relations of April 24, 1963;

3) on government employees and one Party equated to them to the persons, sent by state bodies or organizations on the territory of other Party, the legislation of the first Party extends;

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