COMPENSATION PAYMENTS IN SOCIAL SECURITY LAW: A LOOK AT THE PROBLEM

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 2019 No 3(8): 25-42

https://doi.org/10.32755/sjlaw.2019.03.025

Summary

Legal nature of compensation payments in Social Security Law is examined in the article. In particular, attention is paid to the place these benefits take in social security system. It is noted that compensation institute is universal by its nature and inherent in many areas of law. Peculiarities of compensation payments in Social Security Law are determined by the subject of legal regulation of this legal branch, which is briefly outlined in Article 25 of the Universal Declaration of Human Rights. In Social Security Law such concepts as compensation, compensation payments, cash compensation are used. In Labor Law, compensation payments are cash payments determined to reimburse an employee for the expenses connected with performing his/her labor or other duties provided for by law. They include, in particular, compensation for travel expenses in connection with a business trip, for using property belonging to an employee, as well as compensation to employees whose work is connected with constantly travelling or who work in the field or on a rotational method. Civil Law provides for compensation for non-pecuniary damage caused by property damage, for a share in common property, for misuse of an intellectual property object, etc. In the areas of Procedural Law is used compensation payments, connected with conducting civil, administrative and commercial cases.

An attempt to define the concept of “compensation payments” in Social Security Law was made. Compensation payments under Social Security Law are defined by the rules of law cash payments to recipients or providers of social services in order to compensate for the value of paid (provided) goods, works and services, or compensation for failure to receive a proper social service fully or partially.

Compensation payments should be considered to be an independent institute of Social Security Law and as a separate type of social security.

Key words: Compensation payments in Social Security Law, types of compensation payments, social services, social assistance, recipients of social welfare, social services providers.

 

REFERENCES

  1. Ukraine (2003), On Compulsory State Pension Insurance: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv, available at: http://zakon2.rada.gov.ua/laws/show/1058-15 (accessed 30 October 2019).
  2. Ukraine (1991), On the status and social protection of citizens suffering from Chornobyl disaster: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv, available at: http://zakon5.rada.gov.ua/laws/show/796- 12 (accessed 30 October 2019).
  3. Stashkiv, B., (2016), Social Security Law. Common Part: a tutorial. Desna, Chernihiv.
  4. Stashkiv B., (2018), Social Security Law. Special Part: a tutorial. Desna, Chernihiv.
  5. Ukraine (2004), On Approving the Procedure for Assigning and Paying Compensation to Individuals Who Provide Social Services: Decree of the Cabinet of Ministers of Ukraine, Cabinet of Ministers of Ukraine, Kyiv.
  6. Ukraine (2019), Some Issues on Providing Child Care Services for Up to Three Years “Municipal Nanny”: Decree of the Cabinet of Ministers of Ukraine, Cabinet of Ministers of Ukraine, Kyiv.
  7. Ukraine (2017), On Approving the Procedure for Reimbursement of Expenses for Provided Social Services for Treatment of Insured Persons and Members of Their Families After Sicknesses and Injuries in Rehabilitation Departments of Sanatoriums and Resorts at the Expense of Social Insurance Fund of Ukraine: Decree of the Cabinet of Ministers of Ukraine, Verkhovna Rada of Ukraine, Kyiv, available at: https://zakon.rada.gov.ua/ rada / show / en / v0039890-17 (accessed 30 October 2019).
  8. Ukraine (2018), On Approving the Procedure for Assigning, Transferring and Carrying Out Insurance Payments: Decree of the Board of Social Insurance Fund of Ukraine, Social Insurance Fund of Ukraine, Kyiv.
  9. Ukraine (2004), On State Social Assistance to Persons Who Are Not Eligible for Retirement and Persons with Disabilities: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.
  10. Ukraine (2000), On State Social Assistance to Persons with Disabilities since Childhood and Children with Disabilities: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.
  11. Ukraine (2000), On Psychiatric Care: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.
  12. Ukraine (2007), On the Procedure for Payment and Amounts of Cash Compensation for Gasoline, Car Repair and Maintenance and Transport Services: Decree of the Cabinet of Ministers of Ukraine, Cabinet of Ministers of Ukraine, Kyiv.
  13. Ukraine (1991), On Rehabilitation the Victims of Repressions of Communist Totalitarian Regime of 1917-1991: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.
  14. Ukraine (2004), On Approving the Procedure for Payment Cash Compensation of Cost of Health Resort Treatment to Some Categories of Citizens: Decree of the Cabinet of Ministers of Ukraine, Cabinet of Ministers of Ukraine, Kyiv.
  15. Ukraine (2007), On Approving the Procedure for Payment Cash Compensation to Some Categories of Persons with Disabilities Instead of a Health Resort Tour and the Cost of Health Resort Treatment: Decree of the Cabinet of Ministers of Ukraine, Cabinet of Ministers of Ukraine, Kyiv.
  16. Ukraine (1991), On the Basics of Social Protection of Persons with Disabilities in Ukraine: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.
  17. Ukraine (2012), On Approving the Procedure for Providing Technical and Other Means of Rehabilitation of Persons with Disabilities, Children with Disabilities and Other Certain Categories of Population and Payment of Cash Compensation for Self-Purchased Technical and Other Means of Rehabilitation, List of Such Means: Decree of the Cabinet of Ministers of Ukraine, Cabinet of Ministers of Ukraine, Kyiv.
  18. Ukraine (2016), On Organizing Provision of Technical and Other Means of Rehabilitation for Certain categories of Population: Law of the Ministry of Social Policy of Ukraine, Ministry of Social Policy of Ukraine, Kyiv.
  19. Ukraine (2015), On Compensation Payments to Persons Suffered from the Chornobyl Disaster and Recognizing Those That Are Expired, Some Resolutions of the Cabinet of Ministers of Ukraine: Decree of the Cabinet of Ministers of Ukraine, Cabinet of Ministers of Ukraine, Kyiv.
  20. Ukraine (2016), On Approving the Procedure for Payment of One-Time Compensation for Damage Caused by the Chornobyl Disaster, Other Nuclear Accidents, Nuclear Tests, Military Training Exercises with Nuclear Weapons, and Annual Recovery Assistance to Certain Categories of Citizens: Decree of the Cabinet of Ministers of Ukraine, Cabinet of Ministers of Ukraine, Kyiv.
  21. Ukraine (2005), On Approving the Procedure for Using State Budget Funds to Execute Programs Related to Social Protection of People Affected by the Chornobyl Disaster: Decree of the Cabinet of Ministers of Ukraine, Cabinet of Ministers of Ukraine, Kyiv.
  22. Ukraine (1997), On the Procedure and Amounts of Compensation Payments for Children Suffered from the Chornobyl Disaster: Decree of the Cabinet of Ministers of Ukraine, Cabinet of Ministers of Ukraine, Kyiv.
  23. Ukraine (2016), Some Issues of Sanatorium Treatment and Recreation of Citizens Suffered from the Chornobyl Disaster: Decree of the Cabinet of Ministers of Ukraine, Cabinet of Ministers of Ukraine, Kyiv.
  24. Ukraine (2012), Standard for Providing Compensation Payment Services to Citizens Suffered from the Chornobyl Disaster: Law of the Ministry of Social Policy of Ukraine, Ministry of Social Policy of Ukraine, Kyiv.
  25. Mokrytska, N. and Fal, M. O. (2017), “Conditions for Assigning Compensation Payments for Social Services in Ukraine”, Scientific Bulletin of Lviv State University of Internal Affairs. Legal Series, No. 2, рр. 123–135.
  26. Kazanchan, A. (2010), “Types of Social Security for Citizens in Ukraine: Problematic Issues”. Bulletin of Zaporizhzhia Institute of Law under the Dnipropetrovsk State University of Internal Affairs, No. 3, рр. 11–20.
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