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

Summary

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.

References

  1. Ukraine (1998), Fundamentals of Legislation of Ukraine on General State Insurance: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv. Updated: 13.02.2020, available at: https://zakon.rada.gov.ua/laws/show/16/98-%D0%B2%D1%80 (accessed 14 February 2020).
  2. Ukraine (1999), About Compulsory State Social Insurance: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv. Updated: 13.02.2020, available at: https://zakon.rada.gov.ua/laws/show/1105-14 (accessed 14 February 2020).
  3. Ukraine (2000), On Compulsory State Unemployment Insurance: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv. Updated: 13.02.2020, available at: https://zakon.rada.gov.ua/laws/show/1533-14 (accessed 14 February 2020).
  4. Ukraine (2003), On Compulsory State Pension Insurance: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv. Updated: 13.02.2020, available at: https://zakon.rada.gov.ua/laws/show/1058-15 (accessed 14 February 2020).
  5. Ukraine (1952), Convention on Minimum Social Security: Convention of the International Labor Organization. Updated: 16.03.2016, available at: https://zakon.rada.gov.ua/laws/show/993_011 (accessed 14 February 2020).
  6. Ukraine (1964), European Social Security Code. Adopted by the Council of Europe. Updated: 06.11.1990, available at: https://zakon.rada.gov.ua/laws/show/994_329 (accessed 07 February 2020).
  7. Ukraine (2018), Procedure for Assigning, Transferring and Carrying Out Insurance Payments: Resolution of the Board of the Social Insurance Fund of Ukraine. Updated: 10.01.2018, available at: https://zakon.rada.gov.ua/laws/show/z0715-07 (accessed 07 February 2020).
  8. Ukraine (1992), On Labor Protection: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv. Updated: 27.12.2019, available at: https://zakon.rada.gov.ua/laws/show/2694-12 (accessed 07 February 2020).
  9. Ukraine (2019), Procedure for Investigating and Accounting Incidents, Occupational Diseases and Industrial Accidents: CMU Resolution, Cabinet of Ministers of Ukraine, Kyiv. Updated: 17.04.2019, available at: https://zakon.rada.gov.ua/laws/show/337-2019-%D0%BF (accessed 07 February 2020).
  10. Ukraine (1991), On pension provision: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv. Updated: 23.01.2020, available at: https://zakon.rada.gov.ua/laws/show/1788-12 (accessed 07 February 2020).
  11. Stashkiv B. I. (2018), Social Security Right. The special part: textbook. Desna, Chernihiv.
  12. Ukraine (2001), Instruction on the Procedure of Issuing Documents certifying Temporary Disability of Citizens: approved by the order of the MHU, Ministry of Health of Ukraine, Kyiv. Updated: 17.02.2012, available at: https://zakon.rada.gov.ua/laws/show/z1005-01 (accessed 07 February 2020).
  13. Ukraine (2008), Provisions on the Examination of Temporary Disability: approved by the order of the MHU, Ministry of Health of Ukraine, Kyiv. Updated: 17.09.2013, available at: https://zakon.rada.gov.ua/laws/show/z0589-08 (accessed 07 February 2020).
  14. Ukraine (2015), Procedure for payment of the first five days of temporary disability as a result of illness or injury not related to an accident at work, at the expense of the enterprise, institution, organization: resolution of the CMU, Cabinet of Ministers of Ukraine, Kyiv, available at: https://zakon.rada.gov.ua/laws/show/440-2015-%D0%BF (accessed 07 February 2020).
  15. Ukraine (2001), On the Calculation of Average Salary (Income, Money Supply) for Calculating Compulsory State Social Insurance Payments: CMU Resolution, Cabinet of Ministers of Ukraine, Kyiv. Updated: 04.07.2015, available at: https://zakon.rada.gov.ua/laws/show/1266-2001-%D0%BF (accessed 07 February 2020).
  16. Ukraine (2012), On Approval of the Procedure for Establishing, by the Medical and Social Expert Commissions, the Degree of Loss of Professional Capacity in Percentage of Employees Caused by Health Damage Related to the Performance of Work Responsibilities: approved by the order of the MHU, Ministry of Health of Ukraine, Kyiv. Updated: 28.09.2012, available at: https://zakon.rada.gov.ua/laws/show/z0136-96 (accessed 07 February 2020).
  17. Ukraine (2012), Criteria for Establishing the Percentage of Sustained Loss of Occupational Disability in Percentage of Employees Caused by Work-Related Health Injuries: approved by the order of the MHU, Ministry of Health of Ukraine, Kyiv, available at: https://zakon.rada.gov.ua/laws/show/z1388-12 (accessed 07 February 2020).
  18. Ukraine (2009), Regulations on Medical and Social Expertise: CMU Resolution, Cabinet of Ministers of Ukraine, Kyiv. Updated: 18.12.2009, available at: https://zakon.rada.gov.ua/laws/show/83-92-%D0%BF (accessed 07 February 2020).
  19. Ukraine (2000), On State Social Assistance to Persons with Disabilities since Childhood and Children with Disabilities: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv. Updated: 01.01.2020, available at: https://zakon.rada.gov.ua/laws/show/2109-14 (accessed 07 February 2020).
  20. Ukraine (2005), On Rehabilitation of Persons with Disabilities in Ukraine: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv. Updated: 01.01.2020, available at: https://zakon.rada.gov.ua/laws/show/2961-15 (accessed 07 February 2020).
  21. Ukraine (2014), Regulations on Organization of Vocational Rehabilitation (Vocational Training), Retraining of Persons with Disabilities as a result of Industrial Accident and Occupational Disease: Resolution of the Industrial Accident and Occupational Diseases Fund of Ukraine, Industrial Accident and Occupational Diseases Fund of Ukraine, Kyiv, available at: https://zakon.rada.gov.ua/laws/show/z0780-14 (accessed 07 February 2020).
  22. Ukraine (2010), On Approval of the Regulation on the Organization of Treatment, Medical Rehabilitation and Providing Victims of Occupational and Occupational Diseases with Medicinal Products and Medical Devices: Resolution of the Board of the Industrial Accident and Occupational Diseases Fund of Ukraine, Industrial Accident and Occupational Diseases Fund of Ukraine, Kyiv. Updated: 08.02.2013, available at: https://zakon.rada.gov.ua/laws/show/z0489-10 (accessed 07 February 2020).
  23. Ukraine (2012), On Approval of the Provision on Supplementary Nutrition for Victims of Accidents at Work and Occupational Diseases: Resolution of the Board of the Industrial Accident and Occupational Diseases Fund of Ukraine, Industrial Accident and Occupational Diseases Fund of Ukraine, Kyiv, available at: https://zakon.rada.gov.ua/laws/show/z0031-12 (accessed 07 February 2020).
  24. Ukraine (2011), On Approval of the Regulation on the Organization, Provision and Financing of the Necessary Kinds of Victims of Accident at Work and Occupational Disease: Resolution of the Board of the Industrial Accident and Occupational Diseases Fund of Ukraine, Industrial Accident and Occupational Diseases Fund of Ukraine, Kyiv, available at: https://zakon.rada.gov.ua/laws/show/z0031-12 (accessed 07 February 2020).
  25. Ukraine (2007), On Approval of Providing Victims of Accident at Work or Occupational Disease with Vouchers for Spa Treatment: Resolution of the Board of the Industrial Accident and Occupational Diseases Fund of Ukraine, Industrial Accident and Occupational Diseases Fund of Ukraine, Kyiv. Updated: 30.01.2015, available at: https://zakon.rada.gov.ua/laws/show/z1400-07 (accessed 07 February 2020).
  26. Ukraine (2008), On Approval of Providing Victims of Accident at Work or Occupational Disease with Technical and Other Means of Rehabilitation: Resolution of the Board of the Industrial Accident and Occupational Diseases Fund of Ukraine, Industrial Accident and Occupational Diseases Fund of Ukraine, Kyiv. Updated: 25.07.2014, available at: https://zakon.rada.gov.ua/laws/show/z0545-08 (accessed 07 February 2020).
  27. Ukraine (2006), On the Procedure for Providing People with Disabilities with Cars: Resolution of the CMU, Cabinet of Ministers of Ukraine, Kyiv. Updated: 06.06.2018, available at: https://zakon.rada.gov.ua/laws/show/999-2006-%D0%BF (accessed 07 February 2020).
  28. Ukraine (2001), On the Costs of Burial in Case Death of a Person Insured from an Industrial Accident and Occupational Diseases: Resolution of the CMU, Cabinet of Ministers of Ukraine, Kyiv. Updated: 03.10.2018, available at: https://zakon.rada.gov.ua/laws/show/z1040-08 (accessed 07 February 2020).
  29. Ukraine (2003), Criminal Code of Ukraine: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv. Updated: 16.01.2020, available at: https://zakon.rada.gov.ua/laws/show/1129-15 (accessed 07 February 2020).

[collapse]

Full text .pdf

©2024. Penitentiary academy of Ukraine