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10.06.2023 16:13

There are many ways to increase your pension, but in order to provide a complete answer, you need to examine your documents, find out your years of service, the amount of financial support (its composition) and other information.

To revise your pension, you must submit an application for pension recalculation to the PFU. In case of refusal - appeal to the administrative court.

I will give below some of the possible reasons for increasing the military pension.

Resolutions of the Cabinet of Ministers of Ukraine No. 118 dated February 16, 2022 and No. 168 dated February 24, 2023 set pension indexation rates of 1.14 (2022) and 1.197 (2023).

According to Part 2 of Art. 9 of Law No. 2011-XII, the financial support includes:

  • official salary, salary according to military rank;

  • monthly additional types of financial support (increased salary, allowances, additional payments, rewards that are of a permanent nature, bonus);

  • one-time additional types of financial support.

On August 30, 2017, the Cabinet of Ministers of Ukraine adopted resolution No. 704 "On financial support for military personnel, rank-and-file and senior officers, and certain other persons."

Clause 2 of the specified resolution establishes that the financial support of military personnel, rank-and-file and senior officers consists of official salary, salary for military (special) rank, monthly (increase in official salary, allowances, additional payments, rewards of a permanent nature, bonuses) and one-time additional types of cash support.

If your pension does not include all of its above-mentioned types (elements), then this is a reason to apply to the PFU with an application for recalculation of the pension, for its increase.

PS. The amount of financial support can be found out from the TCC of the JV by submitting a corresponding application to them.

Another possible way to increase the military pension is the resolution of the Cabinet of Ministers of Ukraine No. 713 of 07/14/2021 on additional social protection of certain categories of persons.

In accordance with clause 1 of the above resolution, from 01.07.2021, persons who were granted a pension until 01.03.2018 in accordance with Law No. 2262-ХІ (except conscripts), up to the amount of their pensions determined in accordance with Articles 13, 21 and 36 of Law No. 2262-XII as of March 1, 2018, a monthly supplement in the amount of 2,000 hryvnias is established, which is taken into account during further increases in pensions determined in accordance with Articles 13, 21 and 36 of Law No. 2262-XII.

You should also remember about pension indexation.

Resolutions of the Cabinet of Ministers of Ukraine No. 118 dated February 16, 2022 and No. 168 dated February 24, 2023 set pension indexation rates of 1.14 (2022) and 1.197 (2023).

The pension increase provided for by the above-mentioned resolutions is established in addition to the monthly pension supplement provided for by Resolution No. 713.

09.06.2023 17:57

In order to provide a full consultation, it is necessary to examine the case materials in detail. It is necessary to understand what testimony you gave during the detention, what evidence you and the police have available.

In general, I can report the following.

It is important that you immediately deny your guilt. The first testimony is the most important, since it is on them that the judge will later rely.

Do not take anything out of your pockets or bag yourself! Let the police get everything themselves. It's important not to leave your fingerprints and sweat marks on whatever they threw up.

Do not refuse to sign the protocol, but on the contrary, note all detected violations in it. Indicate in it who and how planted the drugs on you. The more violations you record in the protocol, the better.

Ask to wash hands and cut nail plates and take hair samples for examination. Before that, don't take anything the police officers give you.

Write to me in private messages so that I can find out all the circumstances of the case and help you.

09.06.2023 17:21

No you can not.

In accordance with Appendix No. 3 to the Rules of Internal Procedure of Penitentiary Institutions convicts are prohibited from keeping and using, including the following items:

  • radio-electronic devices intended for transmitting or receiving radio signals (radio stations, mobile phones and chargers for them, SIM cards, scratch cards for top-up mobile phone accounts, pagers, etc.), typewriters, duplicating devices

Convicts held in correctional centers are allowed to keep and use mobile phones in accordance with the procedure established by Clause 2 of Chapter XIV of the Rules of Internal Procedure of Penitentiary Institutions.

09.06.2023 17:11

NO - not possible.

According to Article 197 of the Family Code of Ukraine, at the request of the payer of alimony, the court may fully or partially release him from the payment of alimony arrears, if it arose in connection with his serious illness or another circumstance of significant importance.

As for the complete termination of alimony payments, due to a change in the place of work, your ex-husband does not have such a right - NO.

Your ex-husband only has the right to file an application for a reduction in the amount of alimony, but there are minimum amounts defined by law.

The minimum recommended amount of alimony, according to the subsistence minimum, in 2023 is:

  1. for children under the age of 6 — UAH 2,272;

  2. for children aged 6 to 18 — UAH 2,833;

  3. for children aged 18 to 23 — UAH 2,684.

09.06.2023 14:55

Reservation of medical workers is carried out in accordance with the norms determined by Law No. 3543-XII, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, which determine the procedure and organization of reservation, as well as lists of positions and professions of conscripts, which are subject to reservation for the period of mobilization and martial law.

In the event of the introduction of martial law, the reservation of conscripts may be carried out in accordance with the list provided by the relevant state authorities, other state bodies, local self-government bodies, enterprises, institutions and organizations, in accordance with Article 25 of Law No. 3543-XII.

The procedure for the reservation of conscripts by state authorities, other state bodies, as well as enterprises, institutions and organizations that meet the needs of the Armed Forces of Ukraine and other military formations and the population is determined by the resolution of the Cabinet of Ministers of Ukraine "Some issues of reservation of conscripts under the legal regime martial law" dated March 3, 2022 No. 194.

The algorithm for booking medical workers is as follows:

  1. The enterprise compiles and forms a list of conscripts with justification, whom it plans to reserve.

  2. The enterprise submits the prepared list to the relevant state body or state authority.

  3. The body sends the lists to the Ministry of Economy.

  4. The Ministry of Economy approves lists of reserved conscripts in cooperation with the Ministry of Defense.

  5. At the end, they receive agreed lists containing the data of reserved military servicemen.

The decision of the Ministry of Economy indicates the validity period of the reservation, which cannot exceed six months.

Important: Reservations are made by government agencies, not medical institutions. Only those who meet the needs of the Armed Forces of Ukraine, other military formations or the population to meet the needs of life can be booked.

If the health workers who were subject to reservation are released, their reservation will be automatically canceled.

List of legislation regulating this issue:

  • Law of Ukraine "On mobilization training and mobilization"

  • Law of Ukraine "On Military Duty and Military Service"

  • The procedure for organizing and maintaining military records of conscripts, conscripts and reservists, approved by Resolution No. 1487 of the Cabinet of Ministers of Ukraine dated December 30, 2022

  • The procedure for booking conscripts according to the list of conscripts during martial law, approved by Resolution No. 76 of the Cabinet of Ministers of Ukraine dated January 27, 2023

  • The procedure and criteria for determining enterprises, institutions and organizations that are critically important for the functioning of the economy and ensuring the livelihood of the population in a special period, approved by Resolution No. 76 of the Cabinet of Ministers of Ukraine dated January 27, 2023

09.06.2023 14:27

In accordance with the current legislation of Ukraine, the will certifies:

  • notary;

  • the chief doctor, his deputy from the medical department or the doctor on duty of this hospital, hospital, other stationary health care institution, as well as the head of the hospital, the director or the chief doctor of the home for the elderly and disabled;

  • captain of sea or river vessels;

  • head of a search or other expedition;

  • commander (chief) of a military unit, unit, institution or military educational institution;

  • head of the institution of execution of punishments;

  • authorized officials of local self-government bodies (in settlements where there are no notaries).

Therefore, if the person was in a hospital, it was necessary for the will to be witnessed by one of the following persons: the chief doctor, his deputy from the medical department or the doctor on duty of this hospital, hospital, other inpatient health care institution, as well as the head of the hospital, the director or chief physician of the home for the elderly and disabled.

However, the above was not done, and therefore it will be quite difficult to recognize such a will in court.

08.06.2023 23:53

According to Clause 7 of Art. 36 of the Law of Ukraine "On Compulsory Civil Liability Insurance of Owners of Land Vehicles", the insurer's decision to make or refuse to make an insurance indemnity may be appealed by the insured or a person entitled to indemnity, in a court of law.

In the event that you timely reported the occurrence of an insurance event, and there are no reasons for refusal, the insurance company is obliged to make a decision on paying you insurance compensationwithin 90 days.

If the insurance company illegally refuses to pay you insurance compensation, the most effective way is to appeal such a refusal in court.

This process is quite complicated, and therefore it is necessary to prepare and analyze the situation in detail. If you need help with this, contact me and I will be happy to help you.

08.06.2023 23:44

Guilt / innocence is determined by the court based on the available evidence.

In addition to witness statements, there are many other ways of proof, such as:

  • information obtained with the help of technology - video and sound recording;

  • indications of technical devices;

  • material evidence, i.e. objects of the material world containing information about the circumstances that are important for the case;

  • experts' conclusions - a study using special knowledge conducted by an expert, which is aimed at clarifying the circumstances that are relevant to the case;

  • protocol on an administrative offense in the field of ensuring road traffic safety;

  • scheme of the accident scene;

  • etc.

The above list is not exhaustive.

08.06.2023 23:37

No need.

According to clause 172.1 of Art. 172 of the Tax Code of Ukraine No. 2755-VI dated 02.12.2010, is not taxed once during the reporting tax year, provided such property is owned by the taxpayer for more than three years, income received by the taxpayer from the sale (exchange) residential building, apartment or their part, room, garden (cottage) house (including the object of unfinished construction of such objects, the land plot on which such objects are located, as well as household and household structures and buildings located on such land plot).

08.06.2023 22:48

Law enforcement agencies do not make decisions in road accident cases.

Police officers perform the following actions:

  • draw up a protocol on an administrative offense in the field of ensuring road traffic safety;

  • draw up a diagram of the accident site, which is signed by the participants in the accident and the police officer himself;

  • select the explanations of the participants of the adventure and witnesses (if they are available);

  • in cases where, as a result of a traffic accident, its participants are injured, an investigative-operational group is called to conduct investigative actions at the scene of the traffic accident in accordance with the requirements of the Code of Criminal Procedure of Ukraine;

  • perform other necessary actions.

The decision on the road accident case itself is taken by the court in the form of a resolution or verdict (in the case of criminal proceedings).

It is possible to challenge a court decision or verdict by filing an appropriate appeal.