Prosecutor General”s Office issued a protest to the Cabinet Resolution number 1375, adopted on 23 December, recognizing it as illegal and demanded the repeal of the document. According to him from January 1, the monthly payments for life salaries, state aid to persons not entitled to a pension, disability and pensions until the next recalculation of their set at December 2009. However, as explained in the Prosecutor”s Office, in accordance with the Constitution of pensions and other forms of social assistance should bean amount not less than the subsistence minimum. In addition, the law “On Compulsory State Pension Insurance Act also provides for the minimum old-age pension at the level of living index established for citizens, disabled, and the recalculation of pensions implemented from the coming into force of the new living wage.

As you know, October 6, the Verkhovna Rada approved the new living wage, and from January 1, the rate for those who have lost their ability to work increased from 573 to 695 UAH. It is estimated that the Finance Ministry, the overall increase sotsstandartov may increase state budget expenditures by 60 billion UAH. “The point here is not about money, for us a matter of principle - we believe that this ordinance violated the constitutional rights of citizens”, - said the spokesperson of the Prosecutor General Yuri Boychenko. According to him, according to the law, the Cabinet shall, within 10 days to decide on protest prosecutors.

The press service of the Ministry of Labor and Social Policy told Kommersant that the Prosecutor General”s Office has received a protest, but with the official position still undecided. However, a Kommersant source in the secretariat of the Cabinet noted that the most likely solution will be challenged by prosecutors. “Generally, such matters we have handled by the Deputy Justice Minister Yevhen Korniychuk. It is better to ask him,” - added source said. Korniychuk yesterday calls are not answered.

According to lawyers, to court - one of the ways by which the Cabinet may delay the implementation of the law on improving sotsstandartov. Recall in the government have repeatedly stated that the increase in the size sotsvyplat budgeted no money, so compliance with the law remains in doubt. In addition, the BYuT even intended to apply to the Constitutional Court to assess the legality of the adoption in the Rada decision on increasing sotsstandartov. “Cabinet may challenge in court the decision of the Prosecutor General. But I believe that the legitimate reasons for such decisions is not - the law was passed, and it needs to perform. Apparently, the Cabinet had to wiggle out technically, because it is impossible to fulfill the law because of lack of money in the budget “- finds a partner the law firm Astapov Lawyers Oleg Malsky.

Senior lawyer law firm Integrites Arthur Yalovoy notes that while the effect of ruling suspended, the Cabinet will have to comply with the provisions of the law. However, in the absence of an expert does not preclude delays in the payment of pensions and state aid. At the same time Malskyy suggests that the government can take such a new order and work on it.

Natalia Nepryakhin

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