According to data regularly published by statistical authorities, more than 7 million people entitled to receive pension payments live in Ukraine. However, it is almost impossible to calculate their exact number. Those citizens of Ukraine who live in the territories of the Luhansk and Donetsk regions not controlled by the country's authorities are not taken into account due to the lack of appropriate services there.
The same applies not only to accounting and statistics bodies, but also to the entire structure of state power in uncontrolled areas. At the moment, they are subject to an anti-terrorist operation regime and martial law has been declared.
In this regard, citizens who live there do not have the opportunity to exercise their constitutional rights, including to receive pensions. However, for Donetsk and Lugansk pensioners there is an opportunity to receive money from the state as part of the pension program for displaced persons implemented in Ukraine.
End of the war
The representative of the Ukrainian delegation to the TCG, Sergei Garmash, believes that Russia does not want to end the war in Donbass and seeks to mothball the conflict. In his opinion, if the war ends, the Russian Federation will lose its leverage over Ukraine. After the ceasefire in Donbass, Moscow will be able to talk about lifting sanctions and demand that Ukraine begin negotiations with representatives of territories not controlled by Ukraine. But at the same time, it will remain a pro-Russian enclave with members of illegal armed groups. Moscow is allegedly interested in precisely this. Moreover, this option will be the worst for Ukraine.
At the same time, the regime of silence in Donbass is constantly being broken - and this is allegedly done “by both external enemies and forces inside Ukraine.”
Military experts report that illegal armed groups continue to militarize Donbass and prepare to expand armed aggression against Ukraine at hour “Hour.” It is noted that illegal armed groups continue engineering work to strengthen and fortify, mine roads, continue military exercises, send military equipment from Russia across the Ukrainian border, and send “humanitarian convoys.”
Pensions for displaced people
- Agreement on guarantees of the rights of citizens of member states of the Commonwealth of Independent States in the field of pensions, signed on March 13, 1992 (hereinafter referred to as the Agreement dated March 13, 1992).
- Federal Law of December 28, 2013 No. 400-FZ “On Insurance Pensions”.
- Federal Law of December 15, 2001 No. 166-FZ “On State Pension Provision in the Russian Federation.”
- Federal Law of February 19, 1993 No. 4530-1 “On forced migrants.”
This is interesting: Increase in Pension in 2020 for Military Pensioners
In 2020, a migrant’s certificate for receiving a pension was extended in case of registration of temporary relocation status; its registration is also required. The validity period of a migrant’s certificate for receiving a pension depends on the category of citizen:
Pensioners
Upon completion of quarantine, pensioners who live in the uncontrolled Donbass will be able to undergo verification at Oschadbank branches within a month. They will be allowed to “calmly, without nervousness, come and carry out verification.” Oschadbank deposits pensions and is ready to pay them as soon as people come to the bank branch.
In order to receive a large flow of pensioners from the ORDO, the government is modernizing the “Diya” application, which will allow, among other things, to communicate with IDP pensioners and invite them to register, create personal accounts and sign up for the electronic queue.
At the same time, the Ministry of Social Policy reported that pensions to residents of ORDLO are paid “not in full.” As stated by Deputy Minister of Social Policy of Ukraine Vitaly Muzychenko, in Ukraine there is a certain algorithm of actions for the payment of pensions and social assistance to displaced people and pensioners from ORDLO. According to him, a significant number of citizens receive payments on time, but “not in full.”
Which displaced persons can count on social support in the Russian Federation?
According to Federal Law No. 4530-1 of 1993, only those persons who are recognized as forced migrants can apply for social benefits and guarantees. These include:
- Russian citizens who were forced to leave their country of residence and return to the Russian Federation;
- Russian citizens who moved from one region of the country to another;
- relatives of internally displaced persons.
In any case, the basis for assigning this status is the presence of a threat at the main place of residence, violence or persecution on the basis of religious affiliation, political views, and other things. The law also states that there are several categories of persons who cannot be recognized as forced migrants, and therefore do not receive any preferences:
- those who have committed crimes against peace and humanity;
- those who did not submit an application for assignment of migrant status within the prescribed period;
- those who left their region for economic reasons, due to famine, epidemic or emergency of a man-made or natural nature.
Read in more detail about who exactly can apply for forced migrant status.
Driving across the demarcation line
Social networks note that some people are moving towards the ORDO outside the humanitarian corridor. So, allegedly on September 10, 17 people did this without the permission of the local “headquarters”.
At the same time, passenger traffic on the border between Ukraine and the Russian Federation (in the part not controlled by the Ukrainian government) is growing.
Today, September 14, a new humanitarian corridor will open at the Elenovka checkpoint. According to Donetsk residents, they undergo extremely difficult checks at this checkpoint; their belongings are literally turned out and all their bags are inspected. People complain of "contempt and disrespect."
At the same time, eyewitnesses report that despite all the rumors and horror stories, travel across the Ukrainian border from the Russian Federation is relatively easy - travelers are not asked for bribes, they are not forced to undergo observation and self-isolation.
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What to do if the pension payment to a displaced person is stopped?
Internally displaced persons (migrants) have the right to receive a well-deserved pension in the territory controlled by the Ukrainian authorities at the place where the certificate of registration as an internally displaced person was issued. At the same time, the state exercises increased control over the payment of pensions to immigrants.
Types of checks of migrants
Various types of checks of migrants have been established, as a result of which pension payments may be terminated:
- Verification of the actual place of residence at the address indicated by the migrant upon receipt of the certificate.
- Physical identification at PJSC Oschadbank.
- Verification by the Ministry of Finance of Ukraine (checking the accuracy of the data provided by the migrant for calculating social benefits).
- Check for stay in uncontrolled territory for more than 60 days.
- Check of the Security Service of Ukraine (so-called “SBU lists”).
Mechanism for monitoring payments to migrants
Control over the implementation of social payments to internally displaced persons is carried out by structural units for social protection of the population of district, district in Kiev state administrations, executive bodies of city, district councils in cities (popularly called Social Security) by visiting the actual place of residence of the displaced person and drawing up a financial inspection report - living conditions of the family.
Frequency of Social Security inspections
Social Security carries out regular and extraordinary inspections of displaced persons.
The next inspection is carried out once every 6 months.
Moreover, if by the time of the next inspection the migrant has passed the physical identification procedure at Oschadbank, then the next inspection will not be carried out in the corresponding period.
Additional verification may be carried out in the following cases:
- receipt of information about a possible change by an internally displaced person of their actual place of residence (in accordance with the law, displaced persons are required to notify Social Security of the change of residence address within ten days);
- receipt of information about the return of an internally displaced person to the temporarily uncontrolled territory of Ukraine (if the person is in the uncontrolled territory for more than 60 days, the Border Guard Service of Ukraine transmits data about this to Social Security) or his departure abroad;
- receipt of information from PJSC Oschadbank of Ukraine about the failure of an internally displaced person to undergo physical identification within the prescribed period;
- receiving recommendations from the Ministry of Finance based on the results of verification of social payments, indicating specific reasons for terminating the corresponding payments.
Based on the results of the inspection, if the displaced person was absent from his actual place of residence and did not appear at the Social Security Service within six working days after the inspection, the Social Security Service, if there are grounds, makes a decision to cancel the certificate of registration of an internally displaced person and makes a consideration by the Commission on the assignment (restoration) of social payments to internally displaced persons; a proposal to terminate social payments to such a person.
Grounds for termination of pension payment:
- establishing the fact of the absence of an internally displaced person at their actual place of residence;
- recommendations of the Ministry of Finance on facts identified during the verification of social payments;
- the fact of cancellation of the certificate of an internally displaced person.
The commission, within five calendar days, considers the proposal to terminate social payments and makes an appropriate decision.
The Pension Fund of Ukraine, based on the decision of the Commission, stops paying pensions from the month following the one in which the corresponding decision was made, and in case of failure to undergo physical identification at JSC Oschadbank on time - from the day the payment is blocked by the bank.
The procedure for restoring pension payments
The displaced person has the right to restoration of pension payments. To do this, you need to go through the same procedure again as for the initial assignment of pension payments:
The first step is to obtain the status of an internally displaced person (in case the certificate is canceled based on the verification results)
To obtain a certificate of registration of an internally displaced person, you must personally contact Social Security with the appropriate application.
When submitting an application for registration of an internally displaced person, the applicant presents a passport of a citizen of Ukraine with a mark of registration of place of residence (propiska) in an uncontrolled territory. On the day of submitting the application, a certificate is issued free of charge, which is printed on an A4 sheet, signed by an official of the authorized body and sealed with the seal of such body.
If a pensioner does not have a residence permit in an uncontrolled territory, he must provide evidence confirming the fact of residence in this territory on the day of the occurrence of the circumstances that led to internal displacement. Such evidence may be: a military ID with information about military service, a work book with records of work activity, a document confirming ownership of movable or immovable property, medical documents, photographs, videos, etc. In this case, Social Security is obliged to consider the application within 15 working days and make a decision on issuing a certificate or refusing to issue it.
The certificate of registration of an internally displaced person is valid indefinitely.
The second step is to contact the Pension Fund of Ukraine
It is necessary to personally contact the Office of the Pension Fund of Ukraine in the territory (in a district, city, district within a city) where the pensioner is registered as an internally displaced person.
In this case, you must provide the following documents:
- application for requesting a pension file (in case of registration of a migrant at a new address);
- a copy and original of the certificate of registration of an internally displaced person;
- copies and originals of documents that identify the pensioner: passport, pension certificate;
- a copy and original of the certificate of assignment of an identification number (if available);
- application for transfer of pension to an account at JSC Oschadbank.
Read more: For what period is a notarized power of attorney issued
? The third step is to pass a Social Security check.
To restore the payment of a pension, Social Security, based on an application from the Pension Fund management, within 15 working days checks the accuracy of the information specified in the application about the actual place of residence/stay of the internally displaced person. Based on the results of the inspection, an inspection report on the family’s material and living conditions is drawn up, which is signed by the internally displaced person and representatives of Social Security.
Then, Social Security, within three working days from the date of drawing up the report on the inspection of the family’s material and living conditions and receiving the applicant’s electronic file, submits a proposal on the appointment of pension payment for consideration by the Commission on the assignment (restoration) of social payments to internally displaced persons. The corresponding commissions were formed by district, district in Kiev state administrations, executive bodies of city, district councils in cities.
The commission considers the application for pension restoration within five working days and no later than the next working day after the decision on restoration / refusal to restore is made, sends copies of its decision to Social Security and the Pension Fund Administration.
Pension renewal deadline
If the payment of a pension was terminated due to the fact that an internally displaced person was absent from his actual place of residence, payments are resumed two months from the month of the decision to terminate such payments. The Commission may decide to resume social payments to internally displaced persons from the month of termination of such payments in the case where such a person is in difficult life circumstances and, for good reasons, did not appear on time at Social Security to undergo an inspection.
If the payment of the pension was terminated on the basis of receiving recommendations from the Ministry of Finance regarding the facts identified during verification, then, by decision of the Commission, the payment of the pension can be restored from the month following the one in which the facts identified during the verification were eliminated.
If the payment of the pension was terminated on the basis of the cancellation of the certificate of registration of an internally displaced person, re-assignment of the payment of the pension is possible only six months after such termination.
Many citizens of the former Soviet republics move to Russian territory to live and work. A striking example of this is the events in Ukraine: Donetsk and Lugansk regions, where hostilities have been ongoing since 2014. The number of forced migrants includes a large number of pensioners who are concerned about the procedure for receiving required payments in Russia. The right of refugees to receive pension payments is secured by international agreements reached back in 1992. Let's consider this issue in more detail.
Violation of human rights in ORDLO
In August, experts from the Vostok SOS organization recorded a number of human rights violations:
- 3 illegal detentions;
- Accusation of two citizens of alleged “espionage” for the benefit of the Ukrainian special services.
- Anti-Ukrainian propaganda among children, adolescents and young people who are attracted to membership in “public” organizations.
- “Nationalization” of enterprises that previously operated under the jurisdiction of Ukraine or are owned by Ukrainian citizens.
ORDLO resources also report that the basements of the “MGB” of the “LPR” are overcrowded - supposedly the “department” is being cleansed, and many people who “served” in it are being arrested.
Pensions for displaced people
If a citizen decides to stay in Russia and participate in the resettlement program, a certificate or certificate of participation in the State Program is issued at the territorial office of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs. The validity period of a migrant's certificate for receiving a pension is 3 years . During this period, you need to obtain citizenship and submit an application to the pension authorities to establish benefits.
Resettlement can occur on a voluntary or forced basis. In the latter case, the reason for the move may be military operations or natural disasters. After changing their place of residence, the migrant and his family members issue a migrant certificate . It is needed for employment, calculating a pension or receiving allowances - funds for the adaptation of citizens for the first time.
Russia will pay
Ukraine will be able to obtain compensation from Russia for the Donbass destroyed during Russian aggression against Ukraine. This is what the Minister for Reintegration of Temporarily Occupied Territories Aleksey Reznikov thinks. Ukraine is creating a center for documenting human rights violations, which will record, collect, and accumulate facts of violations of human rights. The center will collect all information about lost property and witness testimony. The database will be accessible to lawyers.
“The time to pay the bills will come. Russia is not going anywhere,” he said.
How the rules for checking migrants will change
And then, quite unexpectedly, a draft government resolution appeared, seemingly proposing to cancel home checks for displaced people. True, this only applies to those who, according to information in the Unified IDP Information Base, have undergone physical identification either at Oschadbank or at Ukrposhta.
In principle, such a law would be the best solution to the problem of social (and above all pension) payments to both internally displaced persons and pseudo-immigrants. It would save Ukrainians living in uncontrolled territory from the need to disguise themselves as displaced people in order to receive payments that they are entitled to by law.