{"id":11152,"date":"2025-08-16T10:20:52","date_gmt":"2025-08-16T07:20:52","guid":{"rendered":"https:\/\/lexcovery.com\/2025\/08\/draft-law-on-amendments-to-the-code-of-ukraine-on-administrative-offenses-regarding-the-settlement-of-certain-issues-related-to-the-termination-of-the-social-insurance-fund-of-ukraine\/"},"modified":"2025-08-16T10:20:52","modified_gmt":"2025-08-16T07:20:52","slug":"draft-law-on-amendments-to-the-code-of-ukraine-on-administrative-offenses-regarding-the-settlement-of-certain-issues-related-to-the-termination-of-the-social-insurance-fund-of-ukraine","status":"publish","type":"post","link":"https:\/\/lexcovery.com\/en\/2025\/08\/draft-law-on-amendments-to-the-code-of-ukraine-on-administrative-offenses-regarding-the-settlement-of-certain-issues-related-to-the-termination-of-the-social-insurance-fund-of-ukraine\/","title":{"rendered":"Draft Law on Amendments to the Code of Ukraine on Administrative Offenses Regarding the Settlement of Certain Issues Related to the Termination of the Social Insurance Fund of Ukraine"},"content":{"rendered":"<p>Analysis of the draft law:<br \/>\n<!DOCTYPE html><\/p>\n<p><head><br \/>\n<title>Analysis of the draft Law of Ukraine on the termination of the Social Insurance Fund<\/title><br \/>\n<\/head><\/p>\n<h4>Analysis of the draft Law of Ukraine on the termination of the Social Insurance Fund<\/h4>\n<p>Good day! Today we will review the draft Law of Ukraine, which concerns amendments to the Code of Ukraine on Administrative Offenses (CUAAO) in connection with the termination of the Social Insurance Fund of Ukraine.<\/p>\n<h5>Essence of the draft law<\/h5>\n<p>The draft law aims to bring the Code of Ukraine on Administrative Offenses in line with changes related to the liquidation of the Social Insurance Fund of Ukraine. It redistributes the functions and responsibilities of the Fund among other state bodies, in particular the Pension Fund of Ukraine and the Fund of Compulsory State Social Insurance of Ukraine for Unemployment. The draft law introduces changes regarding administrative liability for violations related to social insurance, adapting them to the new organizational structure.<\/p>\n<h5>Structure and main provisions<\/h5>\n<p>The draft law consists of two main parts:<\/p>\n<ol>\n<li><strong>Amendments to the CUAAO:<\/strong> This part contains amendments to Articles 164<sup>7<\/sup>, 165<sup>7<\/sup>, 166<sup>6<\/sup>, 188<sup>2<\/sup>, 244<sup>1<\/sup> and the exclusion of Article 244<sup>2<\/sup> of the CUAAO. The changes concern the replacement of references to the Social Insurance Fund of Ukraine with the Pension Fund of Ukraine and\/or the Fund of Compulsory State Social Insurance of Ukraine for Unemployment, as well as clarification of the powers of these bodies.<\/li>\n<li><strong>Entry into force:<\/strong> The law comes into force on the day following the day of its publication.<\/li>\n<\/ol>\n<p><strong>Main changes that are proposed:<\/strong><\/p>\n<ul>\n<li><strong>Article 164<sup>7<\/sup>:<\/strong> The reference to &#8220;funds of compulsory state social and pension insurance&#8221; has been replaced with &#8220;Pension Fund of Ukraine, Fund of Compulsory State Social Insurance of Ukraine for Unemployment&#8221;.<\/li>\n<li><strong>Article 165<sup>7<\/sup>:<\/strong> &#8220;Untimely informing the Social Insurance Fund of Ukraine&#8221; has been replaced with &#8220;Untimely informing the Pension Fund of Ukraine&#8221; regarding accidents at work.<\/li>\n<li><strong>Article 166<sup>6<\/sup>:<\/strong> In parts five, eight and nine, references to &#8220;social insurance funds&#8221; have been replaced with &#8220;Fund of Compulsory State Social Insurance of Ukraine for Unemployment&#8221; or &#8220;bodies of the Pension Fund of Ukraine, Fund of Compulsory State Social Insurance of Ukraine for Unemployment&#8221;. Part ten of Article 166<sup>6<\/sup> is stated in a new wording, specifying the responsibility of tax authorities, bodies of the Fund of Compulsory State Social Insurance of Ukraine for Unemployment and the Pension Fund of Ukraine in case of termination of a legal entity.<\/li>\n<li><strong>Article 188<sup>2<\/sup>:<\/strong> In the title and part one of the article, &#8220;Pension Fund of Ukraine, funds of compulsory state social insurance&#8221; have been replaced with &#8220;bodies of the Pension Fund of Ukraine, Fund of Compulsory State Social Insurance of Ukraine for Unemployment&#8221;. The reference to the &#8220;Social Insurance Fund of Ukraine&#8221; has been excluded.<\/li>\n<li><strong>Article 244<sup>1<\/sup>:<\/strong> The list of articles, cases of administrative offenses under which are considered by the bodies of the Pension Fund of Ukraine, has been supplemented.<\/li>\n<li><strong>Article 244<sup>2<\/sup>:<\/strong> The article has been excluded.<\/li>\n<\/ul>\n<h5>Important provisions for different groups<\/h5>\n<ul>\n<li><strong>For legislators:<\/strong> It is important to ensure a clear transfer of functions and powers from the Social Insurance Fund to other bodies in order to avoid gaps in regulation and ensuring social protection of citizens.<\/li>\n<li><strong>For experts:<\/strong> It is necessary to assess how effectively responsibilities are distributed between the Pension Fund and the Unemployment Fund, as well as to take into account possible risks and challenges associated with this transition.<\/li>\n<li><strong>For business:<\/strong> It is important to understand which bodies now need to be contacted on social insurance issues, as well as what changes have occurred in reporting and payment procedures.<\/li>\n<li><strong>For citizens:<\/strong> It is necessary to know which bodies are now responsible for payments and services that were previously provided by the Social Insurance Fund, and how to access these services.<\/li>\n<\/ul>\n<p>This law is an important step in reforming the social insurance system in Ukraine, and its implementation will require attention and coordination from all stakeholders.<\/p>\n<p>Analysis of the explanatory note:<br \/>\n<!DOCTYPE html><\/p>\n<p><head><br \/>\n<meta charset=\"utf-8\"\/><br \/>\n<meta content=\"width=device-width, initial-scale=1.0\" name=\"viewport\"\/><br \/>\n<title>Analysis of the Draft Law<\/title><br \/>\n<\/head><\/p>\n<h4>Analysis of the Draft Law on Amendments to the CUAAO in connection with the termination of the Social Insurance Fund<\/h4>\n<section>\n<h5>Essence of the Draft Law<\/h5>\n<p>The draft law aims to amend the Code of Ukraine on Administrative Offenses (CUAAO) in connection with the liquidation of the Social Insurance Fund of Ukraine and the transfer of its functions to the Pension Fund of Ukraine. In fact, there is a redistribution of powers regarding the consideration of administrative offenses in the field of social insurance.<br \/>\n<\/section>\n<section>\n<h5>Reasons and Necessity of Adoption (according to the explanatory note)<\/h5>\n<p>The authors of the explanatory note emphasize that the need to adopt this law arose due to the reorganization of the social insurance system, namely the termination of the Social Insurance Fund and the transfer of its functions to the Pension Fund. This requires harmonization of current legislation, in particular the CUAAO, with the new realities in order to ensure the continuity and effectiveness of legal regulation in this area.<br \/>\n<\/section>\n<section>\n<h5>Main Consequences of the Draft Law<\/h5>\n<p>The most important consequences of this draft law, in my opinion, will be the following:<\/p>\n<ul>\n<li><strong>For legislators:<\/strong> The need to adopt amendments to the CUAAO to align with the reform of the social insurance system. It is important to ensure that the changes do not create conflicts in the legislation and ensure a clear distribution of powers.<\/li>\n<li><strong>For experts:<\/strong> There will be a need to analyze the compliance of the proposed changes with European standards and international obligations of Ukraine. It will also be necessary to assess the effectiveness of the transfer of functions from one institution to another.<\/li>\n<li><strong>For business:<\/strong> Changes may affect the procedure for appealing decisions on administrative offenses in the field of social insurance. It is important that the procedures are transparent and do not create an additional burden on business. Also, the obligation to timely inform about the annual actual volume of sold products (works, services) and about changes in the technology of work or type of activity of the enterprise will be canceled.<\/li>\n<li><strong>For citizens:<\/strong> Citizens who are entitled to social insurance must be sure that the changes will not lead to a deterioration of their rights and opportunities. It is important to ensure a simple and understandable mechanism for appealing decisions if their rights are violated.<\/li>\n<\/ul>\n<\/section>\n<p>Analysis of other documents:<\/p>\n<h5>Analysis of documents on the draft Law on Amendments to the CUAAO in connection with the termination of the SIFU<\/h5>\n<h3>1. Position of the author (Cabinet of Ministers of Ukraine)<\/h3>\n<p>From the submitted documents, it is obvious that the Cabinet of Ministers of Ukraine is the initiator and active supporter of this draft Law. This is confirmed by the submission of the draft to the Verkhovna Rada in the order of legislative initiative and the appointment of the Minister of Social Policy to represent his interests.<\/p>\n<h3>2. Main provisions of documents<\/h3>\n<p>Let&#8217;s consider the key aspects of these documents, which may be important for various stakeholders:<\/p>\n<ul>\n<li><strong>For legislators:<\/strong>\n<ul>\n<li>The draft Law aims to amend the Code of Ukraine on Administrative Offenses (CUAAO) in connection with the termination of the Social Insurance Fund of Ukraine (SIFU).<\/li>\n<li>The Cabinet proposes to adopt the draft Law as a basis, which is the first step in the legislative process.<\/li>\n<li>The Verkhovna Rada Committee on Social Policy and Protection of Veterans&#8217; Rights is instructed to finalize the draft law taking into account proposals and comments, and then submit it for the second reading.<\/li>\n<\/ul>\n<\/li>\n<li><strong>For experts:<\/strong>\n<ul>\n<li>It is necessary to carefully analyze the proposed amendments to the CUAAO and their compliance with current legislation.<\/li>\n<li>It is important to assess how the changes will affect administrative liability in the field of social insurance in connection with the liquidation of the SIFU.<\/li>\n<li>It should be taken into account which bodies will be authorized to consider cases of administrative offenses that previously fell within the competence of the SIFU.<\/li>\n<\/ul>\n<\/li>\n<li><strong>For business:<\/strong>\n<ul>\n<li>It is important to understand how the changes will affect the obligations of enterprises in the field of social insurance.<\/li>\n<li>It is necessary to know which bodies to contact in cases of violations that were previously considered by the SIFU.<\/li>\n<li>It should be assessed whether the changes will lead to an increase in administrative pressure on business.<\/li>\n<\/ul>\n<\/li>\n<li><strong>For citizens:<\/strong>\n<ul>\n<li>It is necessary to understand how the changes will affect their rights and obligations in the field of social insurance.<\/li>\n<li>It is important to know which bodies to contact to protect their rights in case of violations related to social insurance.<\/li>\n<li>Monitor that the changes do not lead to a deterioration of the protection of their social rights.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<p>In general, these documents are important for understanding the initiative of the Cabinet of Ministers of Ukraine regarding the settlement of issues related to the liquidation of the Social Insurance Fund of Ukraine and the introduction of relevant amendments to administrative legislation.<\/p>\n<p><a href=\"https:\/\/itd.rada.gov.ua\/billInfo\/Bills\/Card\/57082\"><strong>Full text by link<\/strong><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Analysis of the draft law: Analysis of the draft Law of Ukraine on the termination of the Social Insurance Fund Analysis of the draft Law of Ukraine on the termination of the Social Insurance Fund Good day! Today we will review the draft Law of Ukraine, which concerns amendments to the Code of Ukraine on&hellip;<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_bbp_topic_count":0,"_bbp_reply_count":0,"_bbp_total_topic_count":0,"_bbp_total_reply_count":0,"_bbp_voice_count":0,"_bbp_anonymous_reply_count":0,"_bbp_topic_count_hidden":0,"_bbp_reply_count_hidden":0,"_bbp_forum_subforum_count":0,"pmpro_default_level":"","footnotes":""},"categories":[56],"tags":[],"class_list":["post-11152","post","type-post","status-publish","format-standard","hentry","category-ukrainian-law-bills","pmpro-has-access"],"acf":{"patreon-level":0},"_links":{"self":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts\/11152","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/comments?post=11152"}],"version-history":[{"count":0,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts\/11152\/revisions"}],"wp:attachment":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/media?parent=11152"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/categories?post=11152"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/tags?post=11152"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}