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VI. ECONOMIC, SOCIAL AND CULTURAL RIGHTS

6.6. RIGHT TO AN ADEQUATE STANDARD OF LIVING, SOCIAL PROTECTION AND FREEDOM FROM WANT

An adequate standard of living ensuring the freedom from want is recognized as an integral human right. At the universal level this right was reflected in the Universal Declaration of Human Rights, International Pact On Economic, Social and Cultural Rights, Convention On Liquidation Of All Forms Of Racial Discrimination, Convention On Liquidation Of All Women-Related Forms of Discrimination, Convention On Child’s Rights and other international documents.

Article 48 of the Ukrainian Constitution envisages that every citizen of Ukraine has the right to adequate standard of living for him/herself and his family, which includes adequate nourishment, clothes and accommodation. This provision of the Ukrainian Constitution reflects the requirements of Article 25 of the General Declaration of the Human Rights On Ensuring High Quality of Life, On Foundations of Social Justice, and Adequate Standard of Living. Unfortunately, this right is violated on mass basis. The Commissioner for Human Rights receives thousands of appeals from the individuals about low standard of living and poverty. Following is the typical appeal by Mr.V.Pogorelov from Kharkiv.

“My letter to you is no complaint, it is a cry from the heart, it is despair, resentment, deadlock at the 50 years of life. And it is not only me, not only my family is facing the deadlock in this country. You see and know it yourself. Many elderly people are digging in the garbage containers, dumps, many people commit theft and murder, violence for the loaf of bread, for the sake of our “stable” hryvnia, in order to survive somehow under these conditions.

Tell me honestly and openly, dear Mrs.Karpachova, what is to be done by people that worked honestly and conscientiously all life long, and now found themselves in the similar situation. Where should I go at the age of 50? What is to be done by my 23 year-old son, who because there is no money cannot take out hernia that he acquired while working as a loader at the market for 7 hryvnia per day? How can I help my daughter with a 20-mon00-old child, working as a saleswoman at the market receiving 3-5 hryvnia per day?” No explanation required.

According to the Commissioner for Human Rights, the poverty is a gross violation of the human rights which makes impossible the Constitutional right of every citizen of Ukraine to an adequate standard of living for him/herself and his family.

The requirements of Article 46 of the Ukrainian Constitution regarding the fact that “pensions, other types of social payments and benefits, which make the principal source of living, have to ensure the standard of living which is not less than the living wage, set up by the law” are not met.

At the same time, it is necessary to underline that the living wage is a cost value, which is sufficient only for ensuring the normal functioning of organism and health preservation. It covers the basket of foodstuff and minimum set of services necessary for satisfaction of principal social and cultural needs. The Law “On Living Wage”, adopted on July 15, 1999, stipulates that the living wage is set forth per month and per person, and separately for those who belong to the main social and demographic groups of population; children under 6 years of age, 6 – 18 year old children; able-bodied and disabled people.

According to the Commissioner for Human Rights, this law laid the foundation of the legal framework for real mechanism to approve and protect the constitutional right of every citizen of Ukraine for adequate living conditions and freedom from want. However during a long time the amount of living wage has not been approved by the Ukrainian Parliament. Therefore, the right of Ukrainian citizens to adequate standard of living proclaimed by the Ukrainian Constitution is being infringed. Only at the end of 1999 the Cabinet of Ministers of Ukraine started creating the list of minimum sets of food, goods and services necessary for the normal life of people. Its cash equivalent has to establish the basis of the living wage. According to the calculations the living wage today is over UAH 270 per month.

The living wage is to be applied only as a guiding line for the standard of living of people. The state is obliged to ensure the adequate conditions for appropriate groups of population and primarily for the least protected ones so that they could reach the living wage levels.

Thus, the actual status of Ukrainian citizens incomes forces the Commissioner for Human Rights to stress once again that the poverty is the violation of the human rights and the reason for violation of other human rights in Ukraine. The freedom from want is an integral part of the human rights. The citizens of Ukraine make a particular stress on this statement in their appeals to the Commissioner for Human Rights. Following is an extract from a letter by Mrs.Y.Gresyuk, a resident of the Kryvlyna village, Kovel raion, Volyn oblast. “I pray, draw attention to my living conditions. I am a single mother of three children (three, five and six years old) living in burnt hut of my grandfather. In winter it is impossible to live in the house, the floor is with holes, the walls are holed too. My ex-husband did not pay alimony, then he died leaving the open debt in amount of UAH 530. During a 6-month period I have not received the survivor’s benefits, during 4-month period I have not received money for the children. During 1999 my family was refused to receive the earmarked assistance”.

The United Nations announced 1998 as the international year to eliminate poverty. The Cabinet of Ministers of Ukraine bind itself to develop an appropriate program to resolve this problem. However, this intention unfortunately remained unfulfilled.

For the current Ukraine the disgraceful phenomenon “poverty” for the first time officially was recognized in the “Reforms for Well-being” Program of the present Cabinet of Ministers, which was approved by the Ukrainian Parliament. The Program provides for reduction of poverty level and growth of the nation wealth through the increase of the active incomes of the citizens; reduction of the unemployment level and ensuring the efficient social protection. The government set forth the principal criteria for reaching the objective. First of all, it is to increase the actual wage and pension amount; reduce the number of people who receive the income below the living wage and increase the middle-class layer.

The Commissioner for Human Rights supports the government anti-poverty intentions. At the same time the Commissioner believes that under the present conditions the poverty is to be eliminated through ensuring every individual the conditions which are adequate for providing the means of subsistence. Should the individual fail to do it himself, the state has to guarantee him/her social payments in amount equal or above the living wage.

The Commissioner considers it necessary to indicate that the indigence may provoke and inject the violence, deepen the limitation of social, economic and political rights. To speed up the development and effective implementation of the anti-poverty program could ensure the rights of these people. The program has to provide for introduction of the minimum wages, pensions and assigned subsidies, scholarships, additional payments for children at the level which is equal or above the living wage.

To follow the right to social protection is a key component of the general people protection system and an integral feature of the civilized society. Under the Ukrainian Constitution the social relations in these area depend on realization of the citizens’ rights to social protection which is guaranteed in case of full, partial or temporary disability, or death of the principal wage earner, as well as old age and other cases stipulated by the Ukrainian Constitution, Article 46.

The Commissioner for Human Rights states with pain that to comply with the operative legislation in the area of protecting the social rights of individuals remains a critical problem of today. Only to establish the mechanism for implementation of the Law On the Status of War Veterans and Guarantees of their Social Protection it is necessary to draft 69 legislation acts, introduce changes and amendments to 11 Ukrainian laws. At the current moment only 11 acts have been passed and two laws have been amended. To comply with the law in practice is actually impossible, since the expenditures required by the specified law are envisaged by the budget only for 50 percent. Due to this fact the arrears of social payments to the disabled, entities and institutions which service them have immeasurably grew up and makes about UAH 85 million. However, the officials responsible for the execution of the state policy in this area bear no responsibility.

Nearly 15 million pensioners – including over 12 million veterans of war and labor live in Ukraine. Additionally, There are 2.5 million disabled, 3.5 million victims of the Chornobyl disaster, 2 million lonely people in declining years, nearly 600,000 victims of war and repression. The total volume of social spending in the 1998 State Budget was set forth in amount UAH 9 billion 537 million, or 39% of its expenses side, in 1999 the total volume was planned in amount UAH 9 billion 691.6 million, or 38% of funds needed.

The priority financing of social spending for the people was guaranteed to a certain degree by relevant articles of the Laws On the State Budget of Ukraine for 11998-1999, which approved the list of protected expenditure items of the State Budget of Ukraine. They include, first of all, wages of the budget entities workers; purchase of medicines and dressing materials, providing with the foodstuff, transfers related to the social protection and social security (pensions, benefits, scholarships, savings return) etc.

The expenditure for protected items of the State Budget of Ukraine and local budgets, as well as expenses for social needs of the disabled, covering the arrears of replaceable salaries and lump sum disablement payments for miners who work at the enterprises involved in the subsurface coal and iron ore production are funded under the law on the first-priority basis and in proportion with the cash distributors of appropriate budgets.

However the number of efforts planned to ensure the individuals’ right to the social protection was not enough. During 1998 UAH 6,674,000,000 were transferred for social payments, i.e. UAH 2.863 billion less than the amount approved by the State Budget. The largest sums of insufficient financing fall to the payments to individuals that suffered from Chornobyl disaster consequences (UAH 918 million) pensions for private servicemen (UAH 284 million). The scholarship item was funded only for 78.3%. The social items financing was not improved in 1999 either.

The amount of benefit arrears to be paid for social insurance as of January 10, 2000 came to UAH 221,105,000, including UAH 52,424,000 in Donetsk oblast, UAH 30,118,000 in Luhansk oblast, UAH 19,015,000 in Dnipropetrovsk oblast, UAH 14,761,000 in Kharkiv oblast. The amount of arrears to industrial victims totaled over UAH 600 million (Table 6.11).

Table 6.11. Arrears of compensation payment to victims as of January 10, 2000.

The Commissioner believes that to realize the right to the social protection under the economic crisis demands from the bodies of state authority, enterprises, entities and organizations to look forward for new non-ordinary forms of cooperation with the people, provide the people with actual assistance in order to make their further depression and impoverishment impossible.

The Commissioner for Human Rights receives numerous appeals from the citizens regarding the violation of their rights to the social protection, namely delay in payment of replaceable salaries, subsidies, survivor’s benefits. Based on them, the Commissioner in 1998 initiated 223 cases on infringement of the human rights and freedoms, or 26.8% of the total number of cases, and 473 cases in 1999, or 30%.

For example, Mr. K. Kolbukh and other residents of the Sokal town (Lviv oblast) filed collective claim stating that the Sokal Chemical Fiber Plant JSC delayed to pay them the replaceable salaries. The Commissioner for Human Rights initiated the proceeding on infringement of the human rights to public assistance and submitted the appeal to the Prosecutor of Lviv oblast requesting to consider the documents and apply appropriate efforts. It came out that the Sokal Chemical Fiber Plant JSC has arrears of replaceable arrears, however by the decision of the Court of Arbitration of Lviv oblast the plant was recognized as deemed bankrupt. Due to the Commissioner’s intermediation, a portion of arrears was paid immediately, and the residual amount is to be compensated once the liquidation commission completes its work and the enterprise’s equity is sold out.

Unfortunately, the cases on infringement of the social rights are not always resolved positively. It is evidenced by the respond of the Ministry of Justice of Ukraine to the Commissioner regarding appeal of Mr.V.Osovsky on non-fulfillment of the court decision to levy the funds from the Pivdennodonbasivska No.1 Mine. “It was established that writs of execution on levying a lump-sum benefit in amount UAH 39,978, 04 kopecks from the Pivdennodonbasivska No.1 Mine in favor of V.Osovsky, damages incurred to the health in amount UAH 3,408 and monthly payments in amount UAH 691kopecks to be made until January 1, 1999 were received for implementation on March 11,1998. For the period from April 11, 1998 till January 5, 1999 V.Osovsky was paid for repayment of the lump sum benefit UAH 1,727 and UAH 3,408 for injury to the health. By the decision of the Court of Arbitration of Donetsk oblast of August 27, 1998 the proceeding was initiated on bankruptcy of the Pivdennodonbasivska No.1 Mine. On March 3, 1999 the government executive officer entered a resolution on termination of the executing actions pursuant to the Law On Executive Proceeding. Although even after this decision Mr.V.Osovsky do not receive the funds.

The state is the owner of this enterprise and it has to account for the inefficient disposal of the own property. In spite of the formal bankruptcy procedure, the individual remained the actual right to obtain the owned funds on account of the lump sum benefits and injuries incurred to the health.

The Commissioner for Human Rights cannot agree with this situation and considers it necessary to legally set forth the procedure, under which the victim must receive the funds regardless the state of the financial and business activity of the enterprise. It would be expedient to extend the mechanism of public social insurance against the accident at the enterprise and industrial disease on the individuals who had been injured or fell sick before the law was adopted.

This problem is an urgent one, which may be proved by the appeal submitted by a disabled worker Mr. M. Gurenkov and other inhabitants of Makiyivka (Donetsk oblast) about the mine enterprise named after V. Lenin (“Makiyivvuhillia” State Holding Company) that failed to pay a lump sum benefit to compensate the health injury. Totally the arrears of compensation payments for industrial victims made up at UAH 137 million for the first half-year of 1999.

The following collective appeal to the Commissioner is a typical one. Mr. O. Golubinets and other (83 signatures) ex-workers who became disabled at the Kirov Plant of the Pivdendyzelmash JSC, (Tokmak, Zaporizhia oblast), complained about the 15-mon00 delay in payment of social assistance, disability compensation to this first-priority category of individuals and zero indexation of amounts paid. Their appeals to the Tokmak city mayor, Zaporizhia oblast rada and state administration did not improve the situation, and the applicants received no feedback at all for their letters. Considering the appeal papers, the Commissioner initiated the proceeding on infringement of the human rights to social protection and assistance, following which the appeal was submitted to the Prosecutor’s office of Zaporizhia oblast on failure to pay benefits to the disabled people and taking appropriate measures to eliminate the infringements of the human rights. The Prosecutor office’s response stated that appropriate efforts had been applied to pay the debts to this group of individuals for the 1998 – 99 period. In addition the oblast Prosecutor office initiated a criminal case under the article 133, part 2, article 165 of the Criminal Code of Ukraine on gross violation of the labor laws and abuse of office by the officials of Pivdendyzelmash JSC.

The social protection of person in case of survivorship (or death of the principal wage earner) remains the most painful problem. Unfortunately, there are cases of disregard or indifference from the side of enterprises’ administration or bodies of state authority, or bodies of local self-government in their attitude toward the individuals suffering the hard psychological burden – to remain without the close (intimate) person and means of subsistence.

The Commissioner for Human Rights has to state that arrears of the lump sum benefits for victims and families of perished miners is extremely growing and exceeds the UAH 470 million. During the comprehensive examination of the human rights compliance cases in Luhansk oblast the Commissioner personally met with dozens of wives of perished miners which complained about the delay in paying the owned benefits. Over 12 mon00 the widow of perished miner S. Shundryk could not receive the moneys, the widow of A.Nebozhenko, who perished because of the industrial injury, could not receive the lump sum benefit, the benefits to support children of the perished A.Kilchynsky were paid with 20 months delay. All of the above-mentioned perished miners worked at the Krasnodonvuhillia State Holding Company. The Donbasantratsyt State Holding Company owed UAH 63,200 to five families of the perished miners. Only after the interference of the Commissioner for Human Rights they were paid the larger portion of the arrears. Such attitude to the families of the people who perished in the industrial accidents is unfortunately a typical one for many Ukrainian mines.

An applicant N.Guz from Chernihiv applied to the Commissioner with the complain on violation of the right to compensation of the material (property) and moral damage to her family due to the death of the principal wage earner in course of exercising the labor duties. The applicant’s attempts to reach the understanding on the specified matter with the enterprise’s management or bodies of the local self-government gave no positive results. After the examination of the submitted appropriate documents the Commissioner initiated the proceeding on violation of the human rights to social protection and social (public) assistance, and submitted appeal to the Chernihiv oblast state administration with the request to terminate immediately the violation of the human rights and provide the social assistance. The regional office of the Committee for Labor Protection Oversight Issues under the Ministry of Labor of Ukraine in Chernihiv oblast gave respond stating that the management of the Chernihiv Sylikat JSC paid the survivor’s benefit to the applicant. The management satisfied the application on compensation of the moral damage, and the payment term for compensation under the operative legislation was taken under the control.

According to the Commissioner for Human Rights, the problem of social benefits, lump sum payments in particular, which are related to the industrial injuries and dea00, payment of the replacement salaries could be resolved through the enforcement of the Law On General Obligatory Public Social Insurance Against the Industrial Accidents and Diseases Resulting in the Loss of Capacity for Work of September 23, 1999. The law sets forth the economic mechanism and organizational structure of the general mandatory public social insurance of individuals against the industrial accidents and diseases resulting in the loss of faculty or death of the insurant in the industry.

The appeals to the Commissioner for Human Rights show that the provisions of the On the Status of War Veterans and Guarantees for their Social Protection are being violated. Only after the pensioner J.Buravyr from Terebovlia raion, Ternopil oblast, applied to the Commissioner, and the Commissioner’s interference, the Social Security Department of the Ternopil oblast state administration issued the notification as of October 15, 1999 stating that the applicant was granted the war participant status and allowance was added to his pension.

Mr. G.Bozhyk from Shakhtarsk, Donetsk oblast, participant of the Great Patriotic War, labor veteran applied to the Commissioner with complain against the local commission for considering matters related to the establishment of war participant status under the Shakhtarsk city department for social protection of the people. The veteran complained that he was deprived of the mentioned status. Numerous addresses of the applicant to the bodies of state authorities and social protection of the people had no positive solution, everywhere he faced the refusal and ignorance. The Commissioner initiated the proceeding on violation of the human rights to social protection and submitted appeal to the Donetsk oblast administration. The central board of social protection of the oblast state administration checked the documents of the applicant’s pension file and submitted for consideration to the oblast commission for establishment of war participant status. The commission recognized that the decision on refusal issued by the Shakhtarsk city commission for establishment of war participant status was unfounded. Pursuant to the Law On Status of War Veterans and Guarantees for their Social Protection the applicant’s allowance to the pensioned was renewed following the date when the allowance payment had been terminated. The Commissioner’s Secretariat received from the applicant a copy of his appeal to the Holos Ukrainy newspaper with request to publish the gratitude to the Commissioner for assistance rendered.

Mrs.I.Sokalinska from Donetsk applied to the Commissioner with the similar request. According to the notification of the central board of social protection in Donetsk oblast of July 27, 1999 she was also granted the status of war participant.

Numerous complains result from the unsatisfactory execution of other social programs, namely housing subsidies programs in the rural area. In certain regions some families within three years could not see fulfilled the fuel subsidies they receive. For example, in 1998 only 324,000 families from the total amount of 690,000, or 47% received fuel at the account of subsidies.

The analysis of the conditions of social protection provides the Commissioner with the grounds to believe that: failure to comply with the social rights of people requires changes to be introduced to relevant laws and sub-laws in order to strengthen responsibility of officials for gross violation of the people’s right to the social benefits.

Social protection of elderly people. In December 1991 the UN General Assembly approved The UN Principles On Elderly People, which include the key ones granting independence and participation of this category in the public life. The 47th session of the UN General Assembly proclaimed 1999 as the International Year of the Elderly. It was marked under the “Society for All Generations” motto, which was focused against discrimination of people by age.

Ageing of the people in Ukraine has somewhat distorted, strained feature related to the birth rate decline, which provides a negative impact on the future of society. For example, in early 1989 the population at the age of 60 and over made up 16%, in early 2000 – 20.5%, while children under age of 15 – 21.6 and 17.8% respectively.

The ageing of people leads to the increase of economic load on the able-bodied, especially in the countryside. In early 2000 there were 749 disabled (652 persons of the urban population and 994 of rural population) per every 100,000 people of the able-bodied age in Ukraine. That is one disabled per every able-bodied person in the urban area, while the number of children continues to decline among the disabled, while the number of elderly people keeps growing (see Table 6.12).

Table 6.12. Proportion between the number of people of able-bodied age versus the number of people at the disabled age in Ukraine in early 1989 and 2000 (per 1000 persons)

The key principles of the state policy related to the veterans of labor and other elderly people which are focused on establishment of the respectful attitude toward them, and ensuring their active longevity are stipulated in the Law On the Basic Principles of Social Protection of Veterans of Labor and Other Elderly People in Ukraine. Pursuant to this Law the veterans of labor and elderly people are guaranteed the equal with other citizens opportunities in the economic, social and political spheres, as well as favorable conditions for full-value mode of living.

The Ukrainian legislation sets forth the appropriate level of guarantees for elderly people in all areas of society life. These individuals are entitled to all social – economic and personal rights and freedoms envisaged by the Constitution and other laws of Ukraine,

Discrimination of the elderly people in the area of labor, health, social security, housing and other spheres is forbidden and officials who violate these guarantees are to be brought to account under the operative legislation.

The state applies certain efforts for ensuring the rights of this group (category) of people. In 1998 nearly 3 million elderly people of scanty means received assistance in the form of foodstuff, medicine, clothes, footwear, fuel, etc. In 1999 this type of assistance for amount of UAH 130 million was rendered to 3.26 million people.

According to the Commissioner for Human Rights peculiar attention and permanent social servicing and assistance need to be rendered to single and elderly people that make up at present time over 770,000 in Ukraine. They are serviced by over 700 regional social centers for pensioners and lonely disabled individuals. During 1999 additional 69 regional centers were created which accepted another 8,000 single pensioners. The majority of these centers have special storage areas for foodstuff and clothes; barber’s shops, repair shops for fixing clothes and footwear; buildings repair teams, teams for plot cultivation; fuel storing, etc. 79 charity canteens and 150 stores with reduced prices are in operation. 38,000 social workers render nearly 40 different services to this group (category) of people.

In early 2000, 276 old-people’s homes with capacity of 53,200 places operated in Ukraine, where 47,600 lonely disabled people are state-supported. Over 600 doctors, 2,000 medical workers and 13,000 nurses take care of these people.

At the same time the Commissioner for Human Rights considers it necessary to draw attention to the fact that Ukraine unfortunately could not establish adequate conditions to the elderly people, which are guaranteed by the Principal Law of the state. In numerous appeals and complaints to the Commissioner for Human Rights the elderly people are critical in raising questions about the execution of their constitution right to sufficient standard of living, and state that the authorities fail to be appropriately responsible while resolving the problems of the people who are not adequately protected. For example, in 1998 only two thirds of funds scheduled for maintenance of the social stationary institutions were transferred. The situation of the old-people’s homes in Kyiv oblast was the most critical situation, since they receive only 30% of the funds scheduled. At the same time the income side of the local budget of Kyiv oblast was fulfilled for 106%. There was a real possibility to provide substantial assistance to the elderly people! The similar situation regarding the funding of the old-people’s homes can be seen in Kirovograd oblast (40% of funds required). Totally, at the end of 1999, 50,000 lonely elderly and disabled received no care on the spot in Ukraine.

The Commissioner for Human Rights believes that the state does not give adequate consideration to the problem of population ageing. An important social function of aged and elderly people as carriers of gained experience and stabilizing factor in the society life is practically ignored. The stress is made primarily on necessary search of remedies to slow down the ageing process, while the great life experience of aged people is not taken into consideration. The negative interpretation of the population ageing aims at no search of prospective ways for overcoming the social and economic difficulties arising in course of this process.

How the right to the pension security is executed. The Constitution and laws of Ukraine On Pension Provision, On Pension Provision of Servicemen as well as Officers and Privates of the Bodies of Interior of Ukraine and other normative acts guarantee the social protection of the pensioners by pensions established on the level which is equal or higher than the living wage, and regular revision of their size. The citizens of Ukraine are entitled to the state pension security due to age, disability or in case of death of principal wage earner, for long service or in other cases envisaged by the operative legislation. Foreign citizens and stateless individuals who reside in Ukraine are entitled to the right to pension on the equal with the Ukrainian citizens conditions stipulated by the Ukrainian laws or interstate agreements. The pension support of Ukrainian citizens residing abroad is provided on the basis of the bilateral agreements with other states.

The Law On Pension Provision of Servicemen as well as Officers and Privates of the Bodies of Interior of Ukraine sets forth the terms norms and manner of the pension security of Ukrainian citizens, servicemen of the Ukrainian Armed Forces, Frontier Troops, Board for State Guard, Security Service of Ukraine, officers and private men of the bodies of interior of Ukraine, officers of taxation police, officers and private men of criminal – executive system and their family members.

As mentioned before, due to the ageing process of the population, the number of pensioners has increased during the last years in Ukraine. From the economic point of view the pensioners are not the dependents of the society, since every generation left more after itself than it had consumed during the labor period. However, the current situation with their security is utterly difficult. It happened so because the dominant portion of the state “pension capital” and personal savings of elderly citizens are lost because of the unsuccessful reforming of the national economy during the transition period. The average size of pension is below the minimum needs level. And requirements of Ukrainian Constitution, Article 48 on adequate standard of living are not filled with actual matter.

The Law On Increasing the Minimum Size of Pensions sets forth the minimum size of age pension per month in amount UAH 24.9 instead of 16.62 following September 1, 1999. This provision covers only labor (industrial) pensions, which are assigned pursuant to the Law On Pension Provision.

However, even such scanty pensions are paid utterly unsatisfactory. The pension arrears increased from UAH 1280.3 million as of January 1, 1998 till 1973.8 million as of January 1, 1999. Despite the fact that in 1999 the situation with the pensions payment improved, the amount of debts to the pensioners registered by the social protection system, as well as with the Ministry of Interior, Defense, Security Service of Ukraine remains significant and as of February 1, 2000 totaled UAH 1,501,514,7,000. The pension arrears have even increased in three oblasts: in Dnipropetrovsk and Zaporizhia – 1.8 times and in Donetsk – threefold.

Based on the appeals of the elderly people, the Commissioner for Human Rights initiated 32 proceedings in 1998 on violation of the human rights and 58 – in 1999. For example, Mrs. O.Antoniuk from Nova Praha village, Olexandriysky raion, Kirovograd oblast, applied to the Commissioner for Human Rights. The applicant complained about significant delays in payment of her scanty pension. Discovering the violation of the human rights in the given facts and being governed by item 1, article 17 of the Law On the Ukrainian Parliament Commissioner for Human Rights, the Commissioner initiated proceeding on violation of the human rights to receiving pension. An appropriate Commissioner’s appeal was submitted to Kirovograd oblast state administration and Board of Social Protection of People. Consequently the pension arrears were paid to the applicant in full and subsequently, her infringed right was renewed.

Mrs. A. Borovyk, from the Dovhe Pole village, Dubny raion, Rivne oblast provided the Commissioner with the application on pension delay and improvement of living conditions. The applicant stated that during a 12-month period she, a participant of the Great Patriotic War, could not obtain pension. The appeals to the local raion authorities and social protection board gave no result. The Commissioner for Human Rights initiated proceeding on violation of human right to receiving pension and social protection, and submitted appeal to the Dubny raion state administration on renewal of the violated rights of the applicant. The raion administration informed the Commissioner’s Secretariat that the arrears of applicant’s pension for the total period of 1999 were paid in full and the social assistance was rendered in the form of peat for reduced price.

Examination of the situation at the local level, personal meetings of the Commissioner with the pensioners in separate regions of Ukraine revealed the extremely complicated state of pension security. For example, the pension arrears in Chernihiv oblast made up actually the 8-month size of pension fund in the oblast. In Luhansk oblast the pension debts were settled after a delay of almost 9-months. The pension arrears in these regions are the largest in comparison with the other oblast, however the situation is not fundamentally improved. In some regions the local authorities having no pensioners’ permission started to pay pensions in foodstuffs. For example, based on the appeal of Mr. V. Gryndukov, a pensioner from the Autonomous Republic of Crimea who complained about the pension paid in kind to the residents of Bakhchysarai and other raions of the Crime, the Commissioner initiated proceeding. The relevant appeal on this case was developed and submitted to the bodies of state authority and local self-government of the Autonomous Republic of Crimea. Consequently, the applicant received the pension in cash. In addition, at the request of the Commissioner the General Prosecutor’s Office of Ukraine requested the prosecutor’s office of the Autonomous Republic of Crimea to carry out the inspection of illegal practice of paying the pensions in kind in this raion and apply the appropriate efforts.

Under the conditions of the economic crisis in Ukraine, the pension support of pensioners is becoming more and more critical. Given the collective claim of Mr. I. Kolesnyk and other residents of Alushta, Autonomous Republic of Crimea on the untimely payments of pensions to the pensioners of the Ministry of Defense (2 years of delay), the Commissioner initiated proceeding on violation of human right to timely receiving of pension and social assistance. Following the joint efforts applied with the Ministry of Defense of Ukraine and Central Office of State Treasury of Ukraine the debts for 1997 – 98 period and pensions for January – October 1999 were paid in full.

According to the Commissioner’s data a negative illegal practice occurs in Ukraine pertaining the terms of pensions payment depending upon the place of residence. It is the violation of the Constitution and laws of Ukraine. On this occasion the Commissioner received numerous appeals from the pensioners and city mayors, namely Mr. V. Morgunov, Brianka town mayor, where he writes the following: (cited in Russian) “It is no fault of pensioners of Brianka town that the government closes the coal enterprises which consequently reduces the amount of accruals into the Pension Fund. Why do the pensioners of Brianka town receive the pension for August 1998, when today it is late April 1999? At the same time a number of towns and cities in the oblast have the opportunity to pay the pensions on timely basis. The pensioners of Brianka demand that all pensioners of Ukraine be placed into the equal conditions”. This disgraceful practice introduced by the Pension Fund of Ukraine which segregates Ukrainian pensioners into the pensioners of the main city and pensioners of province must be eliminated.

Another important issue refers to the pension support of certain groups of pensioners who are entitled to the advance retirement and pension increase. At the current moment the pensions are granted pursuant to the 12 legal acts which result in material discrepancies between the general pensions and pensions for government officials, people’s deputies, their assistant advisors, judges, prosecutor office workers, mass media employees and scientific workers. It is obvious that the pensions should be differentiated by the average salary of a worker, his labor contribution. Although, the weighed approach in this delicate sphere in compliance with the principles of social justice is needed. The law making process in this direction needs to be speed up.

The Commissioner for Human Rights believes that reforming the pension system must be focused on establishment and realization of a single criterion for pension determination in accordance with the individuals’ seniority and insurance contributions. These provisions must lay the foundation of draft laws On General Mandatory State Pension Insurance, On Non-Government Pension Funds, which are under consideration by the Ukrainian Parliament.

According to the Commissioner, when drafting these legal acts, one has to resolve the issue pertaining to the unification of all types of benefits to the unprotected groups of people, determine the grounds for them and sources of funding, set up control over the special purpose (earmarked) utilization of funds. It is required to establish mechanisms for markups to the individuals of scanty means, should the average monthly total return per capita is less than the living wage of the family.

The establishment of the state social budget, for the development of which it is advised to use the International Labor Organization’s recommendations, should become an important factor in implementation of the social programs.

The Commissioner for Human Rights believes that to create the appropriate conditions for active longevity, spiritually rich (saturated) life is to be among the top-priorities for all branches of power and key objective of their policy in the sphere of balance development of an individual. That is why under the conditions of transition to the market economy the protection of human rights to the adequate standard of living must become one of the top-priority functions of the state.

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