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The Ombudsman upholds the right of IDPs to receive payments not only in the Oshchadbank
The Ombudsman upholds the right of IDPs to receive payments not only in the Oshchadbank

The Ukrainian Parliament Commissioner for Human Rights Valeria Lutkovska believes that the assignment of a state-run bank that carries out the payment of pensions or other monetary assistance to internally displaced persons is the restriction of a person's right to freedom of choice of a banking institution. Also the Ombudsman believes that this is a direct discrimination based on residency and the IDP status, reported on the website of the Ukrainian Parliament Commissioner for Human Rights.

Thus, Valeria Lutkovska in September 2016 based on  article 10 of the Law of Ukraine "On principles of prevention and combating discrimination in Ukraine" appealed to the District administrative court of Kyiv with a claim about discrimination to protect the public interest.

Grounds of application was the publication in 2015-2016 by the Cabinet of Ministers of Ukraine of some regulations, in particular:

  • Of August 12 2015 No. 615 "On amendments to the resolutions of the Cabinet of Ministers of Ukraine
  • Of 30 August 1999 No. 1596
  • Of November 5, 2014 No. 637,
  • Of 30 September 2015 No. 788 "On amendments to the resolutions of the Cabinet of Ministers of Ukraine
  • Of 30 August 1999 No. 1596
  • Of November 5, 2014 No. 637,
  • Of March 14, 2016 No. 167 "On amendments to some resolutions of the Cabinet of Ministers of Ukraine".

They introduced a mechanism to obtain social and pension payments by displaced persons only through the network of institutions and devices of the public joint stock company "State Savings Bank of Ukraine".

However, the court hearing has still not happened. The first thing that was scheduled for December 22, 2016 was postponed because the representative of the Government had filed an objection to the claim of discrimination before the meeting in the office of the court (without observance of rules of submission of copies to other participants).

Then the Representative of the Commissioner for human rights stressed and highlighted to the court the importance of the subject of the claim for the overwhelming number of internally displaced persons and the need in this regard of the strict observance of reasonable terms of consideration of this case. But the next meeting was scheduled... for May 31, 2017.

However, on May 31 the Commissioner for human rights was reported that on this day all the cases assigned for the afternoon were withdrawn. The reason was the judge needed to hear cases in another court building.

“As of now, the faith in the court's fair decision on the case is not yet lost. The next meeting will be informed about in addition”, stated in the message on the website of the Ombudsman.

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