Analysis of the Draft Law:
I apologize, but without the text of the draft law, I cannot conduct its analysis. Please provide the text of the document so that I can provide you with a quality response according to your request.
Analysis of Other Documents:
Analysis of Documents for the Draft Law of Ukraine Regarding Pensions for Crimes Against National Security
1. List of Acts of the CMU and CEGB
Author’s Position: The document supports the draft law, defining specific steps for its implementation at the level of subordinate legislation. The author points out the need to amend existing resolutions of the Cabinet of Ministers of Ukraine and review regulatory legal acts by ministries and other central executive bodies.
Main Provisions:
- The necessity of amending two resolutions of the Cabinet of Ministers of Ukraine is determined:
- Resolution No. 622 of September 14, 2016 “Some Issues of Pension Provision for Certain Categories of Persons.”
- Resolution No. 393 of July 17, 1992 “On the Procedure for Calculating Length of Service, Assigning and Paying Pensions and Financial Assistance to Persons Entitled to Pensions in Accordance with the Law of Ukraine “On Pension Provision for Persons Dismissed from Military Service and Certain Other Persons.”
- The obligation for ministries and other central executive bodies to bring their regulatory legal acts into compliance with the law is established.
- The bodies responsible for reviewing regulatory acts (Ministry of Social Policy, Ministry of Finance, Ministry of Economy, Ministry of Digital Transformation, Ministry of Justice, Ministry of Defense, Ministry of Internal Affairs, Pension Fund of Ukraine, Security Service of Ukraine, Office of the Prosecutor General) are determined.
- A three-month period for the adoption or preparation of draft acts after the publication of the law is indicated.
2. Letter from the Cabinet of Ministers of Ukraine to the Verkhovna Rada of Ukraine
Author’s Position: The document supports the draft law, as it is an accompanying letter from the Cabinet of Ministers of Ukraine to the Verkhovna Rada of Ukraine, submitting the draft law for consideration in the order of legislative initiative.
Main Provisions:
- The Cabinet of Ministers of Ukraine submits the draft Law of Ukraine “On Amendments to Certain Legislative Acts Regarding the Peculiarities of Pension Payments to Persons Who Have Committed a Criminal Offense Against the Foundations of National Security, Public Security, Peace, Security of Humanity, International Legal Order” for consideration by the Verkhovna Rada of Ukraine.
- Minister of Social Policy Oksana Ivanivna Zholnovych is designated as the representative of the draft Law in the Verkhovna Rada.
- The necessary documents are attached to the letter: the draft Law, the draft resolution of the Verkhovna Rada of Ukraine, an explanatory note, a comparative table, and electronic versions of the materials.
3. Draft Resolution of the Verkhovna Rada of Ukraine
Author’s Position: The document supports the draft law, proposing to adopt it as a basis and instruct the committee to finalize it.
Main Provisions:
- It is proposed that the Verkhovna Rada of Ukraine adopt as a basis the draft Law of Ukraine “On Amendments to Certain Legislative Acts Regarding the Peculiarities of Pension Payments to Persons Who Have Committed a Criminal Offense Against the Foundations of National Security, Public Security, Peace, Security of Humanity, International Legal Order.”
- The Committee of the Verkhovna Rada of Ukraine on Social Policy and Protection of Veterans’ Rights is instructed to finalize the draft law, taking into account comments and proposals, and submit it for consideration by the Verkhovna Rada of Ukraine in the second reading.
4. Conclusion of the Main Scientific and Expert Department of the аппарату [Office] of the Verkhovna Rada of Ukraine
Author’s Position: The Main Department does not object to improving state policy regarding persons who have committed criminal offenses against the foundations of national security, but expresses a number of comments and proposals regarding the provisions of the draft.
Main Provisions:
- It is proposed to consider the issues of payment, termination, and resumption of payment of pensions assigned in accordance with the laws of Ukraine “On the Status and Social Protection of Citizens Affected by the Chernobyl Disaster,” “On Pension Provision for Persons Dismissed from Military Service and Certain Other Persons,” “On the Prosecutor’s Office,” “On Civil Service,” in a separate draft law.
- Doubts are expressed regarding the expediency of reducing the pension amount to the subsistence level for persons convicted of certain crimes, as this may not be consistent with the principles of criminal law.
- The validity of the list of criminal offenses for which it is proposed to restrict pension payments is questioned, as it does not include some serious crimes.
- The inconsistency of the provisions of the draft regarding the peculiarities of assigning pensions to persons sentenced to restriction of liberty with the norms of the Criminal Code of Ukraine is pointed out.
- It is noted that depriving persons convicted of certain crimes of the right to assign and pay pensions in accordance with special laws may have the characteristics of punishment not provided for by the Criminal Code of Ukraine and violate the principle of the rule of law.
- Reservations are expressed regarding the termination of pension payments 6 months after acquiring the procedural status of a suspect, as this may contradict the presumption of innocence.
- The provision regarding the deprivation of the right to receive a pension assigned under special laws to persons dismissed from work in connection with conviction for certain crimes is criticized, as the wording of this norm needs to be revised.
- The need to finalize the provisions regarding informing the Pension Fund of Ukraine about pensioners who are suspected or convicted of certain crimes is indicated.
- It is proposed to exclude from the text of the draft the sentence regarding the assignment and payment of pensions in accordance with the Law of Ukraine “On Compulsory State Pension Insurance” after serving the sentence.
5. Conclusion of the Committee of the Verkhovna Rada of Ukraine on Budget Issues
Author’s Position: The Committee supports the draft law, as it will contribute to optimizing the expenditures of the state budget for the Pension Fund of Ukraine.
Main Provisions:
- The draft law will have an impact on budget indicators (will contribute to optimizing the expenditures of the state budget for the Pension Fund of Ukraine).
- The implementation of the draft law will not require additional expenditures from the state budget.
- The Ministry of Finance of Ukraine supports the draft law, believing that it will contribute to saving state budget funds.
6. Decision of the Committee of the Verkhovna Rada of Ukraine on Anti-Corruption Policy
Author’s Position: The Committee supports the draft law, as it has not identified any corruption-related factors that could contribute to the commission of corruption offenses.
Main Provisions:
- The draft act does not identify any corruption-related factors that could contribute to the commission of corruption offenses.
- The draft Law of Ukraine complies with the requirements of anti-corruption legislation.
7. Conclusion of the Main Department of Document Support of the аппарату [Office] of the Verkhovna Rada of Ukraine
Author’s Position: The Main Department does not express support or criticism of the draft, but only confirms the absence of comments on the text of the draft law after taking into account previous editorial amendments.
Main Provisions:
- Editorial amendments provided during the preliminary examination have been taken into account by the main committee.
- There are no comments on the text of the draft law.
8. Comments of the Main Legal Department of the аппарату [Office] of the Verkhovna Rada of Ukraine
Author’s Position: The Main Legal Department does not support the draft in its current version and proposes to revise it. Expresses reservations regarding compliance with constitutional principles and the requirements of legal technique.
Main Provisions:
- The draft provides for different approaches to the term of assignment and payment of pensions in accordance with the Law on Pension Insurance for different categories of persons.
- The mechanism provided for in the draft does not take into account the provisions of Part Three of Article 63 of the Constitution of Ukraine, according to which “a convicted person enjoys all human and civil rights, with the exception of restrictions determined by law and established by a court sentence.”
- There are no criteria by which the types of criminal offenses that entail the establishment of peculiarities of assigning and paying pensions are determined from the list of criminal offenses against the foundations of national security, public security, peace, security of humanity, and international legal order.
- It is proposed to single out the categories of persons who are not entitled to a pension in accordance with the Law on Pension Provision for Military Personnel into a separate structural element of the specified Law.
- Comments are made regarding the consistency of the provisions of the draft with other legislative acts.
- It is noted that some provisions of the draft do not comply with the rules of legislative drafting in the context of the quality of the law.
- It is proposed to exclude paragraph 2 of Section II “Final and Transitional Provisions” of the draft.
- Attention is drawn to the fact that the draft uses different legal structures in terms of extending the provisions of the draft to pensioners who are serving sentences on the date of entry into force of the law if it is adopted; accordingly, different dates are provided for the application of the special procedure for assigning and paying pensions.
