RESOLUTION OF BUREAU OF INTER-PARLIAMENTARY ASSEMBLY OF EURASIAN ECONOMIC COMMUNITY

of October 8, 2004 No. 11

About Recommendations about harmonization of legislative operating conditions of pension systems of state members of EurAsEC
(on the basis of the comparative and legal analysis of national legal systems and taking into account provisions of International Labor Organization Conventions)

The bureau of Inter-parliamentary Assembly decides:

 1. Approve the Recommendations about harmonization of legislative operating conditions  of pension systems   of state members of EurAsEC developed on the basis of the comparative and legal analysis of national legal systems  and    taking into account  provisions  of International Labor Organization Conventions (appendices 1, 2).

2. Send the specified documents to national parliaments, the Secretariat of Integration Committee of EurAsEC for use in practical activities.

3. Support the offer of Committee of the Federation Council of Federal Assembly of the Russian Federation on social policy about joint holding the international conference on questions of enhancement of the legal base of functioning of pension systems of state members of EurAsEC.

Appendix 1

to the Resolution of Bureau of Inter-parliamentary assembly of EurAsEC of October 8, 2004 No. 11

Recommendations about harmonization of legislative operating conditions of pension systems of state members of EurAsEC (on the basis of the comparative and legal analysis of national legal systems and taking into account provisions of International Labor Organization Conventions)

These Recommendations about harmonization of legislative operating conditions of pension systems of state members of EurAsEC are submitted on enhancement of national pension systems, their reforming according to requirements of modern economic and social conditions of each state of Community and EurAsEC in general.

In the document the main directions are considered and measures for harmonization (rapprochement and unification) of national legal systems in the field of the pension legislation are proposed. Recommendations are based on results of the comparative and legal analysis of legislations of state members of EurAsEC in the field of provision of pensions, and also provisions of conventions and recommendations of the International Labour Organization and other universally recognized norms and the principles of international law.

Recommendations are prepared also for the purpose of development of the contractual legal base of EurAsEC in the field of provision of pensions which foundation was laid by signing on February 26, 1999 of the Agreement on the Customs union and the Common economic space.

1. General provisions

Forming of the approved social policy, and also development of the system of indicators of social development of EurAsEC on the basis of the analysis of social processes and the phenomena in each of the countries of Community are determined as the most important task of integration interaction in the social and humanitarian sphere in the Priority directions of development of EurAsEC on 2003 - 2006 and the next years accepted by the decision of Interstate Council of EurAsEC of April 27, 2003 No. 112. It is supposed to provide to citizens of the states of Community equal guarantees in the social and labor sphere, including guarantees of social security and social insurance.

The system of provision of pensions in state members of EurAsEC generally corresponds to provisions of recommendations and International Labor Organization Conventions.

At the same time creation of conditions for more effective development of system of provision of pensions restrains because of imperfection of the corresponding legal base, lack of the efficient mechanism of implementation of the adopted regulations, the accurate state rights and guarantees of investors, legislative fixing of the rights and guarantees of investors of funds.

2. International standards in the field of provision of pensions

The most important acts of the International Labour Organization in the field of provision of pensions are:

- The convention on establishment of system of international cooperation on preserving the rights following from insurance of disability, old age and on case of loss of the supporter of family (1935);

- Convention No. 102 on the minimum regulations of social security (1952);

- The convention No. 118 on equality of citizens of the country and foreigners and persons without citizenship in the field of social security (1962);

- The recommendation No. 131 of disability benefits, on old age and on the occasion of loss of the supporter (1967);

- The convention No. 128 on disability benefits, on old age and on the occasion of loss of the supporter (1967).

The fundamental document determining social payments in the field of provision of pensions acknowledged the International Labor Organization Convention No. 102 about the minimum regulations of social security accepted on June 4, 1952. Article 26 of the called Convention provides age limit (65 years) for purpose of old-age benefit. The convention also provides disability benefit and benefit on the occasion of loss of the supporter.

According to the International Labour Organization are constructed of two hundred general obligatory pension systems existing in the countries entering into the ILO no more than 10 only on the accumulative principles.

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