Analysis of the draft law:
Greetings. As a lawyer with many years of experience, I have prepared for you a detailed analysis of the submitted draft law.
### 1. Essence of the draft law
This draft law is aimed at introducing a mechanism for the appointment and financing of a monthly lifetime monetary allowance for persons who hold the status of “Founder of the modern state of Ukraine — People’s Deputy”. The document defines the amount of such payments (80% of the salary of an acting People’s Deputy who is a committee member), the procedure for their calculation, and the sources of financing. The draft law also harmonizes these payments with the general pension system of Ukraine, providing for the role of the Pension Fund in the process of administering these funds. In fact, the draft creates a special social status for the specified category of persons with corresponding budgetary support.
### 2. Structure of the draft and main provisions
Structurally, the draft introduces amendments to two legislative acts: the Law of Ukraine “On Mandatory State Pension Insurance” and the Law of Ukraine “On the Status of the Founder of the modern state of Ukraine — People’s Deputy”.
* **Amendments to the Law on Pension Insurance:** Transitional provisions have been supplemented to define that the difference between the amount of the founder’s lifetime allowance and their solidarity pension shall be financed from the state budget. This effectively equates the payment mechanism to the similar mechanism existing for judges or prosecutors.
* **Amendments to the Law on the Status of the Founder:** Article 5 is supplemented with details on the amount of the payment, the procedure for its recalculation, and the indexation mechanism. Unlike previous versions, where the procedure was declarative, the new version clearly divides the payment into two parts: the solidarity pension and the supplement from the budget.
* **Administration:** It is clearly defined that the Pension Fund of Ukraine is responsible for the appointment, payment, and recalculations, which simplifies the procedure compared to the potential alternative of creating separate special funds.
### 3. Key provisions for stakeholders
To understand the importance of these changes, the following points should be highlighted:
* **For legislators and experts:** The draft establishes a clear calculation formula for the payment based on the salary of an acting deputy (committee member). This creates a “link” to the income level of the current parliamentary corps, which makes the amount of the allowance dynamic.
* **For the state and the budget:** The main burden falls on the state budget (financing the difference between the general pension and the special allowance). These are direct budgetary expenditures that will require separate consideration when planning the budget for the respective year.
* **For citizens:** The draft introduces transparency into the issue of payments, clearly indicating that social security for this category of persons is carried out through the mechanisms of the Pension Fund, and not through hidden schemes. Grounds for termination of payments have also been established — these are the occurrence of circumstances that deprive one of the status or the death of the person.
* **For business:** The draft has no direct impact on the business environment; however, it establishes a standard of social security at the highest state level, which is an important signal regarding the state’s policy in the field of social guarantees for persons who stood at the origins of modern statehood.
I hope this analysis will help you in your further work. If additional clarifications regarding legal wording are needed, please contact me.
Analysis of the explanatory note:
Greetings. As a specialist with 15 years of experience in law, I have analyzed the document provided by you. Here is the essence and legal context of this draft law:
### 1. Essence of the draft law
This draft law aims to provide technical and procedural regulation for the payment of the lifetime monetary allowance for persons who hold the status of “Founder of the modern state of Ukraine — People’s Deputy”. In fact, the document creates an administrative mechanism — it defines the rules for the appointment, recalculation, and sources of financing for these payments, bringing the current legislation into compliance with the already adopted special law on the status of such persons.
### 2. Reasons and necessity for adoption
According to the explanatory note, the main motive is the **implementation of already adopted legislation**. Since the specialized law (on the status of the Founder of the state) already exists, state bodies (the Ukrainian Institute of National Memory, the Ministry of Social Policy, and the Pension Fund) are obliged to ensure its execution. Without making appropriate technical changes to the laws on pension insurance and budget regulation, the mechanism for payment of funds remains “mothballed” and cannot be practically implemented due to the lack of a procedural basis.
### 3. Main consequences for the state and society
Analyzing the document, I would highlight several key points important for various parties:
* **For the budget:** The draft directly provides for additional expenditures from the state budget. Although the authors indicate that the payments will be made within the existing budget program, it is still a direct financial burden on taxpayers.
* **For the legal system:** An institutionalization of the new category of “Founders of the state” as subjects of social security is taking place. This creates a separate legal trajectory for payments, different from the general pension system of Ukraine.
* **For society and legislators:** An important aspect is the lack of broad public consultations, which is explicitly stated in the note. This may raise questions in the expert community and among the public regarding the transparency of such payments, especially under conditions of limited budget funds during the war.
* **For business:** The draft law has no direct impact on the market environment or entrepreneurial activity, as it is of a purely social-administrative nature.
Thus, from a professional point of view, this law is a “technical step” for launching previously adopted political decisions regarding honoring the founders of the state at a financial level.
Analysis of other documents:
As a specialist with 15 years of experience in the field of law, I have analyzed the provided documents regarding the draft law “On Amendments to Certain Laws of Ukraine Concerning the Appointment and Payment of the Monthly Lifetime Monetary Allowance to the Founders of the modern state of Ukraine – People’s Deputies”. Here is an analytical brief.
### 1. Position of the initiating entities
The authors of the document, namely the Cabinet of Ministers of Ukraine represented by Prime Minister Yulia Svyrydenko and the Head of the Ukrainian Institute of National Memory Anton Drobovych (Note: the original text mentioned Oleksandr Alfyorov), **fully support this draft law**. They act as initiators of the legislative amendments, justifying this by the need to provide social support to the specified category of persons and to define a clear mechanism for financing their monetary allowance from the state budget.
### 2. Main provisions of the draft law
For legislators, businesses, and citizens, it is critically important to pay attention to the following aspects that have a significant impact on the budgetary and legal spheres:
* **Financial burden on the State Budget:** The draft law provides for direct financing of the difference between the “monthly lifetime allowance” and the regular solidarity pension at the expense of the state budget. According to financial and economic calculations, the estimated cost of implementing the project is over 56 million UAH annually (as of 2027-2029), with 28.2 million UAH already earmarked for 2026 (calculation for half a year).
* **Change in the allowance calculation mechanism:** The size of the lifetime allowance is set at 80% of the salary of a People’s Deputy (committee member). It is important that this allowance is effectively divided into two parts: the solidarity pension (general rules) and the “additional” part paid from the budget.
* **Indexation mechanism:** The draft law clearly distinguishes approaches to indexation: the solidarity pension is reviewed according to the general rules of pension legislation, while the “budgetary” part is indexed annually on March 1 in accordance with the increase coefficients defined by the Law on Mandatory State Pension Insurance.
* **Protection against automatic payment growth:** An important norm for budgetary discipline: an increase in the salary of acting People’s Deputies *is not a ground* for recalculating the already assigned lifetime allowance for former founders. This prevents uncontrolled growth of budget expenditures.
* **Process administration:** The Pension Fund of Ukraine receives clear instructions regarding the administration of payments. Within three months after the law’s adoption, the government must bring its own normative acts (in particular, the Procedure for Submitting Documents) into compliance with the new requirements.
In summary, the draft is aimed at the formalization and financial security of payments for a defined category of persons, which requires appropriate ongoing budgetary support.
