PENSION PROVISION FOR PERSONS DISMISSED FROM MILITARY SERVICE: PROBLEM QUESTIONS AND PROSPECTS FOR IMPROVEMENT

Author (s): Denysenko K. V.

Work place:

Denysenko K. V.

PhD in Public Administration, Associate Professor of the Department
of Theory and History of State and Law, Constitutional Law,

Academy of the State Penitentiary Service, Chernihiv, Ukraine

Language: English

Scientific Herald of Sivershchyna. Series: Law 2018 No 2(4): 53-62

https://doi.org/10.32755/sjlaw.2018.02.053

Summary

The article generalizes the legal regulation of pension provision of the persons retired from military service and the persons who are equal to them. It is proved that at the present stage of state formation and Ukrainian society development, it is especially important for our state to provide rights and freedoms, to give social support, to create favorable social environment, social security of the citizens who ensure the defense of the country, protecting its sovereignty, independence and territorial integrity.It is determined that the imperfection of current state social policy, as well as negative trends that characterize the retirement provision of the persons retired from military service in modern conditions, do not contribute to the solvency of this category of citizens. Pension system reforming is overwhelmingly characterized by social injustice, unsystematic legislative stories that leads to narrowing and limiting the amount of pension rights, the abolition of privileges, unjustified increase in the requirements for acquiring the right to appoint pensions, and so on. The aforementioned did not pass the number of pensioners from the number of servicemen.The necessity of clarification of the legal regulation of previously assigned pensions to the persons retired from military service recalculation and firstly, the components of monetary provision reviewing from which the recalculation of pensions is carried out, by including sums of monthly additional types of monetary support (allowances, surcharges, increments), premiums, including one-time benefits paid when discharged from military service; and secondly, approaches to determining the amount of recalculation of previously assigned pension.Key words: pension provision, pension system, persons retired from military service, normative and legal regulation, pensioners, pension reform, pension recalculation.REFERENCES

1.Kravchenko M. V., Razumtseva G. I. and Trach V. E. (2017), Ways to improve the state regulation of the system of social protection of servicemen and their families in Ukraine“, Public Administration: Theory and Practice, No № 1, pp. 38–49.

2.Stashkiv B. I. (2018), “The right to social security. Special part: tutorial”, Desna,

3.       Verkhovna Rada of Ukraine (1992), The Law of Ukraine on Pensions of Persons Discharged from the Military Service, and some other persons“, in ed. dated August 31, 2018, Verkhovna Rada of Ukraine, Kyiv.

4.       Verkhovna Rada of Ukraine (1992), The Law of Ukraine on Pensions of Persons Discharged from the Military Service, and some other persons“, in ed. dated January 1, 2011, Verkhovna Rada of Ukraine, Kyiv.

5.       Verkhovna Rada of the Republic of Belarus (1992), Law of the Republic of Belarus On the pension provision of servicemen, officers of the command and staff of the bodies of internal affairs, bodies and subdivisions of emergency situations and bodies of financial investigations“, Verkhovna Rada of the Republic of Belarus, Minsk.

6.       Cabinet of Ministers of Ukraine (2018), The Resolution on the Recalculation of Pensions to Persons Discharged from Military Service and some Other Categories of Persons“, Cabinet of Ministers of Ukraine, Kyiv.

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