Law of Ukraine " On Compulsory State Pension Insurance"
contains the rules according to which terminated pension payments to pensioners
during their residence abroad , if Ukraine does not
entered into with the State an international treaty on
Pension - said YurdopomogA .

These provisions conflict with provisions of the Law of the Constitution of Ukraine
the impossibility of lifting the constitutional rights and freedoms, equality of constitutional
rights and freedoms of citizens irrespective of their place of residence; provide care
and protection of Ukrainian citizens who are abroad, the rights of citizens to
social protection in old age (Article 22 of the first, second, Article 24,
part three of Article 25, the first part of Article 46 of the Constitution). Right
citizens to social protection (Article 46 of the Constitution) is translated into
Law "On Compulsory State Pension Insurance" and
Law of Ukraine "On Pension Provision", which established procedure for calculating
and pensions. However, for citizens who have left for permanent residence
abroad, defined special procedure for payment of pensions. In accordance with paragraph
2 of the first paragraph of Article 49, second sentence of Article 51 of the Law (1058-15)
payment of the pension is terminated for the entire stay (stay) retired
abroad, unless otherwise stipulated by an international treaty of Ukraine
consent to be bound by the Verkhovna Rada of Ukraine. Challenged
provisions of the Law, the constitutional right to social protection delivered in
dependence on the fact of conclusion of Ukraine to the State
international agreement on pensions. Thus,
state, despite constitutional guarantees of social protection for all
persons who are entitled to a pension in old age, at the legislative
level, deprived of the right of pensioners in cases where they have chosen a constant
place of residence in the country, who had not signed the treaty.
Based on the legal, social nature of pensions, a citizen's right to receive
on-his pension can not communicate with such a condition as a constant
Accommodation in Ukraine; State in accordance with constitutional principles
obliged to guarantee this right, regardless of where the person resides,
a pension - in Ukraine and abroad. Based on the foregoing,
The Constitutional Court declared unconstitutional paragraph 2 of the first
Article 49 and the second sentence of Article 51 of the Law "On Compulsory State
Pension Insurance. "

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