How to confirm the experience of the individual entrepreneurship?

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Chmona Alona

Assistant lawyer

Expert in the field of civilian pensions, recalculation of pensions of law enforcement agencies and military law.

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How to confirm the experience of the individual entrepreneurship?

Reading time: 3 min.

Natural persons-entrepreneurs in Ukraine are subject to mandatory state pension insurance. This also applies to those who chose a simplified taxation system. Pension law is one of the areas of specialization of the "Prikhodko&Partners" law firm. If you are interested in consulting or legal support for requests on this topic, you can contact us for such a service. For now, let's focus in more detail on the specifics of the legal regulation of this issue.

So what does the current law say?

The main normative legal act, which is devoted to this topic, is the Law of Ukraine № 1058-IV "On mandatory state pension insurance". It is worth paying attention to Article 11 of this law. It says that the individual entrepreneurships are subject to compulsory state pension insurance, including those who have chosen a simplified taxation system. At the same time, a special method of taxation means a single tax, a fixed tax or the purchase of a special trade patent.

 

Clause 3-1 of the Final Provisions of the said law defines the periods that are included in the insurance period for determining the right to a pension in accordance with Article 26 of the same law.

 

There are also by-laws that specify the procedure for confirming seniority for the individual entrepreneurship. In particular, it is worth paying attention to:

  • paragraph 4 of the "Procedure for confirmation of existing work experience for the purpose of pensions in the absence of an employment book or relevant entries in it". This Procedure was approved by Government Resolution № 637 dated August 12, 1993;
  • paragraph 4 of subparagraph 2 of paragraph 2.1 of the "Procedure for submission and execution of documents for the appointment (recalculation) of pensions in accordance with the Law of Ukraine "On mandatory state pension insurance". And this Procedure was approved by the resolution of the PFU Board № 22-1 dated November 25, 2005.

These are the key legal acts that regulate this issue. Let us consider further the peculiarities and problems of the implementation of legal norms in the practical plane.

What complications can happen in practice?

Those pensioners who have had experience of interaction with the Pension Fund know very well that the officials of this institution rarely meet and treat each document submitted for the registration of a pension extremely meticulously. So people often face an unmotivated refusal to take into account part of the seniority. Or - other problems in the appointment and accrual of a pension. In such cases, consultation and assistance from qualified lawyers is required. Such experts work in our law office.

It is worth noting that legal support can be relevant not only in the case of specific problems, but also during preparation for interaction with the Pension Fund, when you only collect a package of documents and intend to write a corresponding statement.

 

It is extremely difficult for a person to work out the norms of the above-mentioned law and by-laws on his own. Especially - without having specialized legal knowledge and experience in their practical application. Instead, we represent the interests of our clients in interaction with the Pension Fund on a regular basis. Therefore, we are ready to provide high-quality legal support, because we are used to working for results.

Fill out the form on our website and our lawyer will contact you in the near future to provide advice and suggest ways to resolve your issue.

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