LegalizeDecreto n.º 8/2010 — Aprova a Convenção sobre Segurança Social entre a República Portuguesa e a Ucrânia, assinada em Lisboa em 7 de Julho de…
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Aprova a Convenção sobre Segurança Social entre a República Portuguesa e a Ucrânia, assinada em Lisboa em 7 de Julho de 2009
Where the institution responsible for providing benefits is, under the legislation it applies, subrogated to the rights which the beneficiary has against the third party, such subrogation shall be recognised by either Contracting State;
Where the institution responsible for providing benefits has a direct right against the third party, each Contracting State shall recognise such right.
Article 32
Recovery of advance payments
1 - Where the competent institution of either Contracting State has made an advance payment of benefit to the beneficiary, that institution may request, where necessary, the competent institution of the other Contracting State to deduct the amount of that advance payment from the benefits payable to him.
2 - The latter institution shall deduct the amount under the conditions and within the limits laid down by the legislation that it administers and shall transfer the amount so deducted to the creditor institution.
Article 33
Recovery of undue payments
1 - Where, in application of title iii, chapter ii, the competent institution of either Contracting State has paid to a beneficiary an amount in excess to that he should receive, that institution may, under the conditions and within the limits of the legislation that it administers, request the competent institution of the other Contracting State to deduct the amount overpaid from the payments due to him.
2 - The latter institution shall deduct the amount under the conditions and within the limits laid down by the legislation that it administers, as if the overpayment had been made by it and shall transfer the amount so deducted to the creditor institution.
Article 34
Collection of contributions and of undue payments
1 - The collection of contributions due to a competent institution of either Contracting State and, in cases where the provisions of article 33 do not apply, of amounts unduly paid may be effected in the territory of the other Contracting State, in accordance with the procedures and with the guarantees and privileges in force in the territory of the latter Contracting State, applicable to the collection of contributions due to the corresponding institution of this State, and of amounts unduly paid by a competent institution of that Contracting State.
2 - The procedures for implementing this article may be established by administrative arrangement.
TITLE V
Transitional and final provisions
Article 35
Application in time
This Agreement shall confer no rights for a period prior to its entry into force, except in the following cases:
All periods of insurance completed under the legislation of either Contracting State before the entry in force of this Agreement shall be taken into account for determining rights acquired under the provisions of this Agreement;
Subject to the provisions of this Article, a right shall be acquired under this Agreement even though it relates to a contingency which materialized prior to the date of its entry into force;
Any benefit which has not been awarded or which has been suspended by reasons of the nationality or place of residence of the person concerned shall, upon application, be awarded or resumed with effect from the date of the entry into force of this Agreement;
The provisions of the legislation of the Contracting States concerning the forfeiture or limitation of rights may not be invoked against the persons concerned, in relation to the rights resulting from the application of subparagraph c), if the application is submitted within two years from the date of entry in force of this Agreement;
If the application referred to in subparagraph d) is submitted after the expiry of that period, the rights, which have not been forfeited or time barred, shall have effect from the date on which the application was submitted, except where more favourable provisions of the legislation of either Party apply.
Article 36
Settlement of disputes
1 - Any dispute over the interpretation or application of this Agreement shall be settled, through negotiation, through diplomatic channels.
2 - If the dispute cannot be settled in accordance with paragraph 1 within six months, it shall be submitted to an arbitration commission, whose composition and rules of procedure shall be approved through mutual agreement by the Parties.
3 - The decisions of the arbitration commission shall be binding and definitive.
Article 37
Entry into force
This Agreement shall enter into force on the first day of the second month after the date of receipt of the last notification, done in writing and through diplomatic channels, informing that the internal law requisites have been fulfilled for that purpose by both Contracting States.
Article 38
Duration and denouncement
1 - This Agreement shall remain in force for a period of one year, tacitly renewed by successive periods of equal duration.
2 - Either Contracting State may denounce this Agreement, by giving a notice of denunciation, presented, in writing and through diplomatic channels, to the other Contracting State up to six months before the expiry of the calendar year, producing effects at the end of that year.
3 - In the event of denouncement of this Agreement, the acquired rights and the rights in course of acquisition shall be maintained in accordance with its provisions.
Article 39
Registration
The Contracting State in whose territory this Agreement is signed shall submit it for registration to the Secretariat of the United Nations, under article 102 of the Charter of The United Nations, as well as shall notify the other Contracting State of the conclusion of this procedure and transmit the number of the registration given.
In witness whereof, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
Done in two copies at Lisbon, this 7th day of July 2009, in the portuguese, ukrainian and english languages, all texts being equally authoritative. In the event of a divergent interpretation of the portuguese and the ukrainian texts, the english text shall prevail.
For the Portuguese Republic:
Pedro Manuel Dias de Jesus Marques, Secretary of State for Social Security.
For Ukraine:
Kostyantyn Yelisieiev, Deputy Minister for Foreign Affairs.
([ver documento original](https://files.diariodarepublica.pt/1s/2010/04/08100/0142501444.pdf))
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