ANNUAL REPORTOF UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS CHAPTER 1 24 • • automatic calculation of pensions in case of dismissal or termination of income-generating activities, which is the basis for the calculation of the single compulsory social insurance contribution, based on the information of the Insured Persons Register; additional payment of pension to a person upon being notified that the insurer/employer has repaid (in whole or in part) its arrears of payment of insurance premium for another period of employment, than provided for in item 4.3 of the Procedure for submitting and processing documents for awarding/recalculation of pensions in accordance with the Law of Ukraine “On Compulsory State Pension Insurance,” approved by the Resolution of the Board of the Pension Fund of Ukraine # 22-1 of 25 November 2005 “On Approval of the Procedure for Submission and Registration of Documents for Awarding/Recalculation of Pensions under the Law of Ukraine “On Compulsory State Pension Insurance.” Following the findings of the monitoring visit, the appropriate requests were sent to the leadership of PFU and the Ministry of Social Policy to resolve the identified problems. As a result of their consideration, the PFU transferred all the pensioners – who will benefit from such a transfer – from the retirement pension to the disability pension in accordance with the Law of Ukraine “On Compulsory State Pension Insurance” #1058-IV of 9 July 2003 since 1 July 20194. However, these bodies took no measures to address other issues raised by the Commissioner. The Commissioner’s monitoring revealed the violation of the right of citizens to receive pension and other money by court decisions, in particular due to the lack of necessary expenditures in the State Budget to cover the state’s debt for these purposes. The Law of Ukraine “On the State Budget of Ukraine for 2019” # 2629-VIII of 23 November 2018 allocated UAH 600,000 to the budget programme 3504040 “Measures to execute court decisions guaranteed by the state” (repayment of debt carried out in accordance with the Resolution of the Cabinet of Ministers of Ukraine # 845 of 3 August 2011 “On Approval of the Procedure for Execution of Decisions on Recovery of Funds of State and Local budgets or Debtors.”) According to the Treasury, 110,859 executive documents were executed under this budget programme in 2019. At the same time, as of the end of 2019, 63,872 priority executive documents for the total amount of UAH 360,457,000 remain on the Treasury’s record under this budget programme. According to the forecasts of this body, with the proper financing under the budget programme 3504040, taking into account the amount of balances of unused funds, it will be possible to repay the debt on all the court decisions, which are now registered with the Treasury bodies and are of priority for repayment. The problem is that the persons for whom binding decisions have been made cannot receive compensation for the late execution of court decisions, because in accordance with Article 5 of the Law of Ukraine “On State Guarantees for Enforcement of Court Decisions” #No. 4901- VI of 5 June 2012, payment of the relevant compensation is provided only for court decisions on recovery of funds. The Government adopted the Resolution of the Cabinet of Ministers of Ukraine #649 of 22 August 2018 “Issue of Repayment of Arrears of Pension Payments by Court Decisions,” under which PFU directly repays As of the end of 2019, the PFU bodies transferred more than 14,000 persons from the retirement pension to the disability pension based on their applications. 4