According to “Right to Protect” their lawyers made the precedents to renew IDP’s pension in the Court of the First Instance regardless the decision of the № 365 Resolution of the Cabinet of Ministers of Ukraine.
The court in Pavlopil, Dnipropetrovsk region, satisfied two lawsuits of IDPs. The Court found failure to act of the Pension Fund, and ordered him to resume the payment of pensions. However, the decision did not come into force, as the Pension Fund to appeal to the Court of Appeal.
Irina Alekseyeva, the representative “Right to Protect”, based her position on the Constitution and the provisions of the Law of Ukraine “On Compulsory Pension Insurance”.
– We are talking about the highest standards of legal force. The right to social security guaranteed by the Constitution. № 365 Resolution of the Cabinet of Ministers of Ukraine violates the right to social protection, which includes the right to a pension. The Constitution also enshrined the principle of equality. The fact that pensioners being internally displaced may be denied on some additional grounds, which are not mentioned in the Law of Ukraine “On Compulsory Pension Insurance”. This is yet another violation of the Constitution, – Irina Alekseyeva said.
According to Alekseyeva, № 365 Resolution limits the number of other freedoms: the freedom of movement, privacy and family life. № 365 Resolution said that the authorities to verify the actual location of internally displaced persons. The right to conduct such a test is provided every 6 months. This is a limitation of the right to freedom of movement because the pensioner is to wait for a possible visit. Also, the lawyer claims discrimination towards internally displaced persons who tied to their place of residence.
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The majority of Ukrainians reportedly are sympathizing to the residents of Donbas considering them as hostages of the situation.
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