Pension provision to military personnel in Ukraine: new challenges

Pension provision to military personnel in

Ukraine: new challenges
Oleg RADCHENKO
Doctoral Student
Koretsky Institute of State and Law
National Academy of Sciences of Ukraine

ABSTRACT

Today, the current state of pension system in Ukraine is characterized by a difficult

transitional period, since the adoption of new laws still raises many issues regarding
the appointment, payment and recalculation of pensions. This is especially true
about military personnel who defended the independence, sovereignty and
territorial integrity of Ukraine and directly took part in anti-terrorist operation, as
well as members of their families, as in Ukraine military conflict provoked by the
aggression of the Russian Federation still goes on.

Numerous corrupt bureaucratic obstacles and the slow pace of issuing of proving
documents [on the basis of which the state guarantees them receiving higher
pensions (preferential age pension, disability pension, pension for survivors) and
more humane conditions for retirement] contribute to the emergence of social
tension in the state. Though Ukrainian legislation on pensions provision of such
categories of persons and members of their families is being constantly improved,
but in practice it is extremely difficult to implement these provisions.

Keywords: pension provision, the special period, military personnel, members of the
anti-terrorist operation, preferential retirement pension, disability pension, pension
for survivors

REZUMAT

Astăzi, situația sistemului de pensii din Ucraina este caracterizată de o perioadă

de tranziție dificilă, de vreme ce adoptarea unor noi legi încă ridică numeroase
probleme legate de stabilirea, plata și recalcularea pensiilor. Acest lucru este valabil
mai ales pentru personalul militar care a apărat independența, suveranitatea
și integritatea teritorială a Ucrainei și a participat în mod direct la operațiuni
antiteroriste, precum și pentru membrii familiilor lor, având în vedere că în Ucraina,
conflictul militar provocat de agresiunea Federației Ruse încă continuă.

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 Oleg RADCHENKO

Numeroasele obstacole birocratice și de corupție, precum și ritmul lent al eliberării

documentelor doveditoare [pe baza cărora statul garantează primirea unor pensii
mai mari (pensie preferențială pentru limită de vârstă, pensie pentru invaliditate,
pensie pentru urmași) și condiții mai umane de pensionare] contribuie la apariția
tensiunilor sociale în stat. Deși legislația ucraineană privind asigurarea pensiilor
pentru astfel de categorii de persoane și membrii familiilor acestora este în mod
constant îmbunătățită, în practică, însă, este extrem de dificilă aplicarea lor.

Cuvinte-cheie: acordarea pensiilor, perioada specială, personal militar, membri ai

operațiunilor antiteroriste, pensia preferențială pentru limită de vârstă, pensia de
invaliditate, pensia de urmaș
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NOUTĂȚI

1. Introduction
According to Article 17 of the Constitution of Ukraine, protection of sovereignty and territorial
integrity of Ukraine, ensuring its economic and informational security are the most important
functions of the state, a matter of Ukrainian people. In addition, the same article states that the
state ensures social protection of citizens of Ukraine who serve in the Armed Forces of Ukraine
and other military formations, as well as members of their families. So exactly grounding of the
abovementioned provisions regulatory basis for defining and ensuring the fundamental rights
and freedoms of military personnel are being laid, which is realised and concretised through
the adoption of laws and other normative-legal acts concerning protection of persons whose
professional activity is to protect Ukraine and preserve peace throughout its territory

So, one of the most important aspects of the state’s activity concerning functioning of its
military organisation is to respect the rights and freedoms of military personnel, ensure social
protection, provide adequate funding during their performance of professional activity and upon
their retirement.

The events, which began in Ukraine in 2014 and continue today expanded the scope of the
system’s activity to protect military personnel as the need for the implementation of social
protection of militarymen and other members of the anti-terrorist operations who were
protecting and continue to protect the independence, sovereignty and territorial integrity of
Ukraine emerged. So nowadays provision of an effective system of social support of military
personnel became even a more important and urgent task of the state, because it promotes
national security. Thus, in today’s unstable socio-political situation and of warfare in the state
value orientations to ensure the legal status of military personnel are changing[1].

2. Legal grounds for onset of special period in Ukraine

Recently, three years have passed since the onset of the special period on the territory of Ukraine,
which was primarily triggered by aggression of a neighboring country, namely Russian Federation,
theough the annexation of the Autonomous Republic of Crimea and Sevastopol.
[1]
Царенко О. М. Щодо зарахування до вислуги років військовослужбовцям державної прикордонної служби
України періоду навчання у цивільному вищому навчальному закладі /О. М. Царенко// Форум права. – 2015.
– С. 344.

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 Pension provision to military personnel in Ukraine: new challenges

Thus, according to Article 1 of the Law of Ukraine ‘On Defense of Ukraine’ it is determined that
the special period – the period that starts from the moment of announcement of the decision
for mobilization (except for targeted one) or informing the performers about regarding covert
mobilisation or from the moment martial law is imposed in Ukraine or on some of its territories,
and covers the period of mobilisation, wartime and partial recovery period after the end of
hostilities.

Therefore, on 17March 2014 the Decree of the President of Ukraine ‘On partial mobilisation’
was issued which stated that by unlawfully created armed groups of pro-Russian orientation
supported by military units of the armed forces of the Russian Federation the building of state
authorities, authorities of the Autonomous Republic of Crimea, airports, onshore and offshore
transport communications, bodies of military command, military units and institutions of the
Armed Forces of Ukraine stationed on the Crimean peninsula are being seized and blocked[2].
Thus, such step was a necessity for Ukraine for the protection and defense of its territory.

Somewhat later, namely on 14April 2014 another fateful for many Ukrainians Order of the
President of Ukraine ‘On the decision of the National Counsel for Security and Defense of
Ukraine of 13 April 2014 ‘On urgent measures to combat the terrorist threat and the preservation
of the territorial integrity of Ukraine’ was issued. Exactly this decree legally fixed the beginning
of hostilities already in Eastern Ukraine.

The military confrontation between Ukraine and the self-proclaimed (fake) Donetsk People’s
Republic (DNR) and Luhansk People’s Republic (LNR) took the lives of many Ukrainian soldiers
who were utmostly foughting for peace and calmness of Ukrainian population and the integrity
of the Ukrainian state. Many of our compatriots continue to fight with Russian aggressors, losing
health, both physical and mental, as those bloodshed, violence and fear of losing their lives and
the lives of military counterparts is permanently displayed on their fate and the fate of their
relatives. Many of them, miraculously surviving, loosing their arms, legs, sight, remain disabled
forever, requiring additional guaranteed support from the state, as social protection, including
pension provision of members of the antiterrorist operation is of considerable importance in
today’s conditions. The urgency of the issue of pension provision of military personnel – members
of anti-terrorist operations has also increased because our country actually being in a state of
war, is obliged to provide transparent and clear pension legislation and a decent level of pension
benefits to its defenders.

3. Pension provision for military personnel - members of the

antiterrorist operation in Ukraine
Pension provision for military personnel – is one of the main and the most stable elements of
social security of persons, who passed military service and members of their families. It is a
set of relationships concerning paying by the state represented by the authorized subjects of
pensions with the aim to fulfill its obligations to those citizens who acquired the right to pension

[2]
Про часткову мобілізацію: Указ Президента України від 17 березня 2014 року // Офіційний вісник Президента
України. – 2014. – № 12. – Ст. 6.

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 Oleg RADCHENKO

as a result of military service; damage to their health while performing duties to protect the
homeland; absence of any other means of subsistence in case of disability[3].

Thus, in the opinion of some Ukrainian scientists pensions of military personnel is a kind of
gratitude to these people for honest work done to ensure security, on the other hand, it inspires
confidence into the existing staff of military personnel that they will not be abandoned by the
state to fend for themselves when their health is injured while performing military duties, or when
acquiring pension rights[4], because the main purpose and objectives of pensions – is to provide
material support to citizens in cases of social risks, envisaged by legislation.

But despite the measures imposed by the country’s government, that are aimed at hard savings
and cost optimisation of the expenses of the Pension Fund of Ukraine, the economic problems
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of the state, entailing inflationary pressures, do not allow to establish an appropriate level of
functioning of pension provision for military retirees and members of their families. And the
issue is not in the amount of pension benefits, but in the difficulties faced by the former military
personnel, calculation and recalculation of pensions[5].

To ensure the highest possible level of social protection of military personnel who took part in
anti-terrorist operations, in April 2015 they were equated to combatants. Thus, in accordance
with paragraph 19 of Article 6 of the Law of Ukraine ‘On the status of war veterans, guarantees
of their social protection’[6] people who are among the combatants include: military personnel
of the Armed Forces of Ukraine, of the National Guard of Ukraine, of Security Service of Ukraine,
of the Foreign Intelligence Service of Ukraine, of the State Border Service of Ukraine, soldiers
and officers of the Ministry of Internal Affairs of Ukraine and of other military forces established
under the laws of Ukraine’s that defended independence, sovereignty and territorial integrity of
Ukraine, and also participated in anti-terrorist operations.

Thus on 4.10.2017 according to the official data, the status of the combatants who took part in
anti-terrorist operations was granted 293,077 persons.[7].

The changes were also made to the basic normative-legal act governing the issues of pension
provision of military personnel – Law of Ukraine ‘On pensions for persons discharged from
military service and certain other persons’ [8]. Therefore, exactly this law defines today the
persons directly involved in anti-terrorist operations as subjects of pension legal relationships,

Проблемы правового регулирования социального обеспечения военнослужащих: монография / Н. В. Антипьева. –

[3]

Омск: Изд-во Ом.гос.ун-та, 2009. – С. 283.

[4]
Вітик І. Р. Окремі аспекти пенсійного забезпечення військовослужбовців Служби безпеки України /І. Р. Вітик//
Теоретичні та практичні проблеми реалізації прав людини у сфері праці та соціального забезпечення: Тези
доповідей та наукових повідомлень учасників ІІ Міжнародної науково-практичної конференції; м. Харків,
8-9 жовтня 2010 року / За ред. к.ю.н., доц. В.В. Жернакова. – Харків: Кроссроуд, 2010. – С. 469.
[5]
Кравцов Д. М. Окремі питання правового регулювання перерахунку військових пенсій /Д. М. Кравцов//
Право та інноваційне суспільство. – № 1 (2). – 2014.– С. 53-54.
[6]
Про статус ветеранів війни, гарантії їх соціального захисту: Закон України від 22 жовтня 1993 року № 3551-
XII // Відомості Верховної Ради України. – 1993. – № 45. – ст. 425.
[7]
Інформація щодо надання статусу учасника бойових дій [Електронний ресурс]. – Режим доступу: http://dsvv.
gov.ua/dostup-do-publichnoji-informatsiji/informatsiya-schodo-nadannya-statusu-uchasnyka-bojovyh-dij.html
Про пенсійне забезпечення осіб, звільнених з військової служби, та деяких інших осіб: Закон України від 09
[8]

квітня 1992 року № 2262-XII // Відомості Верховної Ради України. – 1992. – № 29 – С. 399.

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 Pension provision to military personnel in Ukraine: new challenges

conditions and procedure for application for pension benefits, establishes the right of such
military personnel to choose a type of pension if they are entitled to different types of state
pensions simultaneously; the size of pensions according to period of service, increased disability
pensions; survivors pensions; supplement to pensions; and other. In addition, no less important is
the law of Ukraine ‘On Mandatory State Pension Insurance’[9], which regulates at the legislative
level the issues of preferential retirement of persons who participated in the hostilities, in the
anti-terrorist operation in the areas of its carrying out.

It should be noted that the economic crisis, financial troubles and bureaucratic mechanism of
the implementation of any social rights, including the right to pension in Ukraine contributes
to not proper implementation of the envisaged pension provision rights to combatants in the
area of anti-terrorist operations and members of their families, so very often this category of
pensions to military personnel and members of their families are not awarded or awarded much
later than such right emerges de facto.

In the science of social security law such obstacles to the implementation of specific right are
divided into two groups:

1). those connected to poor legal regulation (actual inability to realise the right);

2). those relating to incorrect application of the norms of law in local areas (dishonesty of
officials, bureaucracy, attending many offices, humiliation and anxiety because of the bad
attitude of the authorities)[10].

Thus, rather often such right of person is ‘suppressed’ even from the moment of documentary
proof of direct being in the area of anti-terrorist operation.

For example, commanders (chiefs) of military units (agencies, departments) or other leaders
of enterprises, institutions or organisations often too late provide documentary evidence of
temporary residence of the person in the area of anti-terrorist operation or do not provide
them at all. Moreover, there is no guarantee that the necessary documents will be provided at
all, because as the practice shows, during the antiterrorist operation authority does not always
respect the rules of keeping documents, including records of military personnel is kept with
flaws, not all dislocations are documented, not always the charts bearing service are filled in
and so on. That is why advocates recommend combatants except official documents as much
as possible to collect evidence, photos and videos that can be attached to the lawsuit in case of
problems. The reason for such violations is primarily the fact that the aforementioned authorized
persons do not bear any responsibility for their inaction. This means that military units must
be responsive to the application of military personnel and properly keep records and provide
all the needed documents, including extracts from orders, certificates of business trips, records
of hostilities, dislocations, records of duties, materials, of special investigations of the facts of
wounds and other injuries.

[9]
Про загальнообов’язкове державне пенсійне страхування: Закон України від 09 липня 2003 року № 1058-IV
// Відомості Верховної Ради. – 2003. – № 49-51. – ст. 356.
[10]
Донбас і Крим: ціна повернення: монографія / за заг. ред. В. П. Горбуліна, О. С. Власюка, Е. М. Лібанової,
О. М. Ляшенко. – К. : НІСД, 2015. – С. 208.

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 Oleg RADCHENKO

Therefore, in our opinion, it is necessary to establish the responsibility of commanders (chiefs)

of military unit (body, department) or other heads of enterprises, institutions and organisations
for violations of the rights of military personnel and members of their families, as it negatively
affects their financial welfare and return to normal life because pension – is usually their only
source of financial support.

3.1. Preferential age pension provision

On 18October 2016 the Law of Ukraine ‘On amendments to some laws of Ukraine on pension
provision of certain categories of persons from among the participants of the anti-terrorist
operation’ was adopted, which amends the Law of Ukraine ‘On Mandatory State Pension
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Insurance’, namely paragraph 3 of the Final provisions where the legislator envisaged favorable
NOUTĂȚI

conditions for the age retirement for certain categories of persons.

The main features of this type of pension is that the pension is awaeded for life and is paid
in cash; it is paid out regularly, monthly, i.e. periodically within the envisged by statut period
by the authorized by the Pension Fund of Ukraine organisation; pension can not be below the
subsistence level for those unable to work.

The categories of persons who are envisaged for such preferential pension benefits include:

1. military personnel, soldiers and officers of the bodies of internal affairs, who participated in
the hostilities, in the anti-terrorist operation in the areas of its carrying out;
2. disabled due to wound, concussion, injury received during direct participation in the
antiterrorist operation in the areas of its carrying out;
3. spouse (s) if they have not remarry, and parents of militarymen, soldiers, officers of the bodies
of internal affairs, who died (were killed) during the period of military service (duty) or after
release from service, but due to wound, concussion, injury received during the performance
of military duties (occupational duties), diseases connected with the direct participation in
the antiterrorist operation in the areas of its carrying out.

As we can see, besides direct participants of the anti-terrorist operation in eastern Ukraine, the
law provides for the right to preferential pension wives, husbands, parents of participants of the
antiterrorist operation who were killed or disappeared, died as a result of wound, concussion or
injury received while taking part in ATO, but an essential condition for such pensions is that they
have not married another person. In our view, in this case, reducing of the retirement age and
length of service is a kind of state guarantee which will allow within a shorter period to realise
the right to pension by persons who because of the reasons beyond their control have lost their
relatives, as the latter gave their lives away while defending the territorial integrity of Ukraine.

Thus, the abovementioned categories of persons are eligible for appointment of early retirement
pension upon reaching by men of 55 years, by women – 50 years and upon the availability of
insurance period of not less than 25 years for men and at least 20 years for women.

We deliberately focus our attention on identifying this type of pension as privileged because
the law uses the term ‘early retirement pension’ but, in our opinion, it is necessary to agree with
the scientific position on that early retirement is the priviledge itself, as the age and period of
service required for exercising the right to pension are significantly reduced compared with other

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 Pension provision to military personnel in Ukraine: new challenges

persons who retire according to general order[11]. For the age retirement in Ukraine both men
and women need to reach 60 years, and to receive such a pension at a rate not less than the
minimum subsistence level for those unable to work, it is necessary to have 30 years of insured
period of service – for women and 35 years – for men.

Turning to the Great explanatory Dictionary of Modern Ukrainian language, the word ‘privilege’
means – full or partial exemption from compliance with the statutory general rules, performance
of any duties[12]. Therefore the lowered the retirement age and length of service is partial
exemption from the general requirements established by law as the basis for providing benefits
is the occurrence of objective circumstances that give rise to specific needs, therefore it would
be more correct to apply the concept of ‘privileged age retirement pension.’

The order of application and the documents required for the purpose of awarding such an age
retirement pension is governed by the approved by the Board of the Pension Fund of Ukraine
on 25 November 2005 № 22-1 Procedure for the submission and processing of documents for
awarding (recalculating) of pensions under the Law of Ukraine ‘On Mandatory State Pension
Insurance’[13], which envisages that to the application for awarding pension tocombatants, in
addition to the documents required for appointment of an age pension the following documents
are to be attached: certificate of a veteran and a certificate from the military commissariat of
the period (periods) of participation in hostilities, but it is quite difficult to do given the reasons
about which we have previously mentioned in the article.

3.2. Disability pensions

A huge number of military personnel was injured during performing military missions in the
area of anti-terrorist operations. In many cases, the nature of the injury is such that makes it
impossible to return to the service to continue performance of military obligations. In this case,
militarymen are eligible for disability pension as a result of trauma, wound, contusion, mutilation,
which emerged during the person’s participating in the anti-terrorist operation. A disability is
spoken about when disorder of body functions due to anatomic defect or illness entail social
consequences – the cessation of normal human life. That is, if the person is injured, crippled or
injured while serving, then the group of disability (I, II or III) must be defined, upon which the
size of pension will depend.

The person is also entitled to the status of ‘Disabled in war’. For this it is necessary after receiving
the wound, concussion, injury, disease be treated in a military hospital or other health care
institution, where he must be given a check-out epicrisis and be directed to military medical
commission. Exactly military medical commission establishes a causal link of wound, concussion,
injury, disease with the performing the duties of military service. Only after this the medical-
social expert commission shall issue a certificate of the group and the cause of disability that is

Михайлова І. Ю. Поняття та умови пільгового пенсійного забезпечення /І. Ю. Михайлова // Університетські

[11]

наукові записки. – №3(59). – 2016. – С. 259.

Великий тлумачний словник сучасної української мови ( з дод. і допов.) / Уклад. і голов. ред В.Т. Бусел. – К.;
[12]

Ірпінь: ВТФ «Перун», 2005. – С. 972.

Про затвердження Порядку подання та оформлення документів для призначення (перерахунку) пенсій
[13]

відповідно до Закону України «Про загальнообов’язкове державне пенсійне страхування»: Постанова правління
Пенсійного фонду України від 25 листопада 2005 року № 22-1 // ОВУ. – 2005. – № 52. – Ст. 3383.

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the basis for an application to the administration of Social Security of population at the place
of registration with the relevant documents to establish the status of ‘Disabled at war’ and the
issue of the certificate.

This quite difficult and lengthy procedure is envisaged by the Order of awarding the status of
Disabled at war to persons who have got a disability due to wound, concussion or injury received
during direct participation in anti-terrorist operation, ensuring its carrying out.[14].

In addition to the established group, the size of pension depends on the cause of disability.
Depending on the cause of disability of invalids from militarymen are divided into two types:
disabled veterans and other disabled people. Disabled at war include military personnel, whose
disability occurred while defending the homeland, performing the duties connected with being
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at the front, in the area of military operations during carrying out the anti-terrorist operation; the
category of other disabled includes militarymen – whose disability was caused by an accident not
related to the performance of military duty or as a result of disease related to military service.

Therefore, disabled veterans are awarded pension the size of which depends on the amounts of
their salaries in the following percentage proportions: I group of disability – 100%; II group of
disability – 80%; III group of disability – 60%, and all other disabled of group I – 70%; II group –
60%; III group – 40% of the related amounts of financial support.

It should be noted that unlike the general conditions for pension provision for disabled, the insured
period of service, which corresponds to a certain age of the disabled person is not taken into account
when calculating such a pension, although almost all the general characteristics of other types of
pensions are inherent to it, in particular, it is assigned for a long time or indefinitely to a person who
is unable to work, it is paid monthly in cash, depends on earnings of the disabled person.

Terms of awarding of this pension are: a) disability occurred during performing military service in
the area of anti-terrorist operation or within three months after being released from service; b)
disability occurred later than three months after being released from service, but due to illness
(trauma, concussion, injury, etc.), which emerged during performance of military service or while
being in captivity or hostage, if the capture or hostage-taking were not voluntary and a militaryman
while being in captivity or hostage, did not commit a crime against peace and humanity.

Thus disability pension of persons who took a direct part in anti-terrorist operation should be
defined as a type of social security, which is the monthly cash payments, awarded in the case of
the appointment by medical body of one of three groups of disability, which entails full or partial
disability due trauma, injury, concussion, injury while performing military duty, professional or
general disease or other reasons specified by law.

3.3. Pensions for survivors

The main purpose of pensions for survivors is the need for financial security of disabled family
members who were dependants. Death deprives the family of the deceased of the income from
[14]
Про затвердження Порядку надання статусу інваліда війни особам, які отримали інвалідність внаслідок
поранення, контузії або каліцтва, одержаних під час безпосередньої участі в антитерористичній операції,
забезпеченні її проведення: Постанова Кабінету Міністрів України від 08 вересня 2015 року № 685 // Офіційний
вісник України. – 2015. – № 74 – Ст.53.

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 Pension provision to military personnel in Ukraine: new challenges

his professional activity. In this case the state, showing humanity, assists families who lost a
livelihood through the death of breadwinner [15].

Pensions for survivor of families of militarymen who took a direct part in anti-terrorist operation
are awarded if the breadwinner died during military service or not later than three months after
being released from service or after this period but due to wound, concussion, injury or disease
obtained during military service. Alongside the family of militarymen who went missing during
the hostilities are equated to the families of the killed at the front.

It should be noted that the legislation does not define the term ‘loss of a breadwinner’, but taking
into account the aforementioned norm it can be concluded that the loss of a breadwinner – is the
death of the breadwinner or recognition of the latter to be missing in histilities during a special
period in Ukraine. It is with the advent of the abovementioned circumstances the disabled family
members of the deceased acquire the right to pension for survivor.

The fact of the death of a militaryman who died in the area of anti-terrorist operation is
confirmed by the certificate of the death and should be registered with Registry Office. According
to the Instructions concerning organisation of registration of the personnel of the Armed Forces
of Ukraine [16] commander of the military unit is to notify personally Military Commissioner at
the place of residence of the family of the deceased about the date and the cause of death of
the soldier with a telegram or by phone on the day of the established death of a latter.

Exclusion from the list of military personnel is held by the order in the combatant forces. The
text of the order is to state the date of death, if the death connected to the performance of
military duties, the place where he was buried, first, middle and family name, year of birth and
place of residence of his wife, children (including those who are paid alimony) or relatives who
are entitled to pension for survivors.

As for the missing person, it is inappropriate for the family to establish such status in civil
proceedings, because as a result of obtaining a judgment they will not be able to apply for a
pension for the loss of a breadwinner-combatant, who disappeared without a trace. They should
apply in writing to the military unit where the soldier was enrolled to the list of personnel for the
confirming document, which will indicate when and under which circumstances the militaryman
disappeared. Such document is an order in the combatant forces about exclusion of the missing
soldier from the list. In addition to the date and circumstances of the disappearance, the order
must indicate the composition and place of residence of the dependent family.

Besides, it is necessary to note that those militarymen who left the military units are excluded
from the list and are considered missing after their careful search and investigation of the
circumstances of their desertion or failure to return to the military unit, but not later than
fifteen days from the date of disappearance, desertion and expiry of a business trip, vacation or
term of their return to the unit notified by the health care institution.

[15]
Клемпарський М. М. Правове регулювання пенсійного забезпечення працівнивік органів внутрішніх справ :
дис… канд. юрид. наук: 12.00.05 / Клемпарський Микола Миколайович. – Х., 2004. – С. 80.
Про затвердження Інструкції з організації обліку особового складу Збройних сил України: Наказ Міністерства
[16]

оборони України № 333 від 12 червня 2014 року // Офіційний вісник України. – 2014. – № 53. – Ст. 440.

DOCTRINĂ | REVISTA ROMÂNĂ DE DREPTUL MUNCII NR. 4/2018 | 97

 Oleg RADCHENKO

To award pension for survivors composition of his family is of great importance. The latter
include:

a) children, brothers, sisters and grandchildren under the age of 18 or over that age if they became
disabled before the age of 18. In this case, brothers, sisters and grandchildren are granted the
right to pension in cases when they do not have employable parents;

b) parents and wife (husband) if they reached 60 years retirement age or are disabled;

c) grandfather and grandmother – in the absence of the persons who are legally obliged to
support them;
DOCTRINĂ

d) wife (husband) or one of the parents or grandfather, grandmother, brother or sister, regardless
NOUTĂȚI

of age and disability if she (he) is taking care for the children, siblings or grandchildren of the
deceased breadwinner, who are under 8 years of age and does not work.

Pensions for survivors to the family members of those killed in anti-terrorist operation are
assigned at the following rates: 70% of the salary of the deceased breadwinner for one disabled
family member; 90% of the salary of the deceased breadwinner if the deceased breadwinner
supported two or more family members that is equally divided between them, but not less than
40% for each disabled family member.

Thus, under the pension for survivors in case of the loss of a breadwinner (a soldier who was
directly involved in anti-terrorist operation) we understand the monthly payments awarded in
connection with the loss of a breadwinner to disabled members of his family who are dependants,
in amounts correlated with financial support of a breadwinner.

4. Conclusion
For more than three years the war has been on in the Eastern Ukraine. As a result, thousands
of wounded, dead, and missing. Ukraine is to take care of persons, as well as their families,
who at the value of their health and sometimes life were protecting its territorial integrity,
defending from the Russian aggressor. Unfortunately, not all the soldiers who are fighting for the
territorial integrity of the state, and those already demobilized or their family members were able
to exercise their right to social security and pension provision, in particular. Many negative factors
which we mentioned of above contribute to this. Therefore, it is necessary to further improve
the existing legislation and to fight arbitrariness of bureaucratic regime, which is generated in
the period of military service and continues during the implementation by the militarymen and
their families of the right to pension.

98 | REVISTA ROMÂNĂ DE DREPTUL MUNCII NR. 4/2018 | DOCTRINĂ

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