ANNUAL REPORTOF UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS
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The case described above indicates that the Military Law Enforcement Service lacks the authority to
deal with cases of gender-based violence, as this unit of the Ministry of Defence has no mandate to
conduct investigative activities during the pre-trial investigation, and the Armed Forces of Ukraine have
no mechanism to respond to such cases.
Given the importance of ensuring observance of equal rights and opportunities of women and men
during conscription and military service, this issue remains on the Commissioner’s watchlist.
RECOMMENDATIONS
To the Ministry of Defence of Ukraine:
1. Strengthen implementation of measures provided for by law to achieve equal rights and opportunities of
women and men during their service in military units, including the prevention of gender-based violence.
CHAPTER 4
2. Amend regulations to expand the powers of the Military Law Enforcement Service in the Armed Forces
of Ukraine.
4.4. Rights of persons receiving pensions in accordance with the Law of Ukraine
“On Pensions to Persons Released from Military Service and Certain Other
Persons,” as well as of war and service veterans
Monitoring visits to the territorial offices of the Pension Fund of Ukraine revealed systematic violations of
the rights of war and military service veterans, as well as persons receiving a pension in accordance with
the Law of Ukraine 2262-XII “On Pensions to Persons Released from Military Service and Certain Other
Persons” of 9 April 1992 (hereafter Law 2262), during the processing of appeals.
Using different approaches in appointment and recalculation of pensions
Adoption of Cabinet of Ministers of Ukraine Resolution 103 “On Recalculation of Pensions for Persons Released
from Military Service and Certain Other Categories of Persons” of 28 February 2018 (hereafter Resolution 103)
led to a change in the procedure for financial support used in the recalculation of pensions. This resulted in
violation of the Constitution of Ukraine on pensions and an artificial reduction in the pension index.
Analysis of the numerous appeals received by the Commissioner from persons receiving pensions under
Law 2262 after the adoption of Resolution 103, as well as the responses of the Ministry of Social Policy,
revealed systematic violations of the rights of military pensioners to proper pension recalculation.
Following the opening of proceedings on the issue in September, the Ministry of Social Policy responded
to the Commissioner’s request that “options for resolving the issues of pension payment for persons
released from military service and some other persons are being developed.”
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