INSURANCE PAYMENTS IN THE SYSTEM OF OBLIGATORY STATE SOCIAL OCCUPATIONAL INJURY AND DISEASE INSURANCE THAT CAUSED LOSS OF PRODUCTIVITY: CONCEPT AND CHARACTERISITIC FEATURES
Author (s): Stashkiv B.I.
Work place:
Stashkiv B.I.
PhD in Public Administration, Associate Professor,
Associate Professor of the Department of Theory and History of State and Law,
Constitutional Law,
Academy of the State Penitentiary Service, Chernihiv, Ukraine
ORCID: 0000-0003-3746-9382
Language: Ukrainian
Scientific Herald of Sivershchyna. Series: Law 2020 No 1(9): 45-66
https://doi.org/10.32755/sjlaw.2020.01.045
The concepts paper covers the concepts of “insurance payments” and “insurance costs” and the criteria for distinguishing these terms are theoretically revealed in the article. Insurance payments are considered by the author as stipulated by law one-time, periodic or monthly monetary payments to a victim of an occupational injury or disease, and in some cases to persons entitled to it, at the expense of an employer and/or the Social Insurance Fund of Ukraine for the purpose of recovering the lost salary (income) completely or partly. In this author’s opinion, insurance costs are usually stipulated by law one-time, periodic or monthly monetary payments to a victim of an occupational injury or disease, and in some cases to persons entitled to it, at the expense of an employer and/or the Social Insurance Fund of Ukraine in order to recover the additional costs incurred. related to the restoration of his health and performance. The definition of all types of financial support that were included in insurance payments in the system of obligatory state social occupational injury and disease insurance that caused loss of productivity. Characteristic features of all these insurance payments were separately distinguished. The reasons for establishing the appropriate type of social insurance, the grounds for providing one or another type of insurance payments are indicated. Proposals for improving current rules of law governing the relevant social insurance relations are made. So, some insurance payments are paid in hard cash that does not increase in a timely manner. This violates the principle of full compensation for the insured persons or the members of their families. The problems of appointing and paying financial support to convicts in the framework of their social occupational injury and disease insurance are indicated. It is recommended to make certain adjustments to the sectoral laws of social insurance and to adopt, together with the Social Insurance Fund of Ukraine, a common subordinate legislation that would regulate in detail the procedure for implementing prisoners’ right to social security in conditions of freedom.
Key words: insurance payments, insurance costs, the system of obligatory state social occupational injury and disease insurance that caused loss of productivity, temporary disability assistance, one-time or monthly monetary payments to a victim, one-time or monthly monetary payments to the members of a deceased breadwinner as a result of an accident at work or occupational disease, social insurance against accident at work of convicts.
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