CURRENT ISSUES OF THE ADMINISTRATIVE AND LEGAL REGULATION OF THE PENSION SECURITY OF PERSONS DISCHARGED FROM MILITARY SERVICE UNDER THE CONDITIONS OF THE STATE OF MARTIAL
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 76)Publication Date: 2024-06-30
Authors : Makarova Tetiana;
Page : 24-32
Keywords : administrative law; social protection of military personnel; pension provision of persons released from military service; appointment and recalculation of pensions;
Abstract
Introduction. This article examines pressing issues related to the administrative and legal regulation of pension provision for individuals discharged from military service under martial law conditions in Ukraine. The analysis encompasses Ukrainian legislation governing administrative and legal relations in the pension provision sector for individuals discharged from military service, including the appointment and recalculation of pensions. The organizational and legal mechanism ensuring Ukraine's fulfillment of its obligations concerning the constitutional rights to pension provision for individuals discharged from military service, as well as ways to improve this mechanism, are elucidated. Problematic issues faced by individuals discharged from military service when addressing authorized bodies for certificates confirming the right to a pension and its recalculation are also discussed. Additionally, the article analyzes the challenges encountered by such individuals when submitting applications for pension appointment and/or recalculation to the Pension Fund of Ukraine. The causes of these problems are studied, considering the extensive array of regulatory documents enacted by the state to govern these matters. The relevance of this research lies in the necessity to regulate national legislation concerning the implementation of constitutional rights to pension provision for individuals discharged from military service under martial law conditions in Ukraine. Currently, over 1 million Ukrainian citizens are defending their state with arms, and this number is increasing daily. Therefore, insufficient regulation of pension legislation issues will lead to numerous violations of the rights of military personnel discharged from service who are entitled to a pension (due to age or disability) and their family members (survivor's pension). The need to restore violated rights will result in mass appeals to administrative courts, significantly burdening the judicial system and potentially complicating and prolonging the process of protecting the rights and legitimate interests of these individuals. The article emphasizes the necessity for comprehensive scientific research in the field of administrative and legal regulation of social protection, including the pension provision of individuals discharged from military service. Scientific developments in this direction will contribute to the development of effective mechanisms for implementing administrative and legal norms in the field of pension provision for military personnel and their family members, enhancing their social protection.
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