ДЕЯКІ ПИТАННЯ ВИПЛАТИ ПЕНСІЙ ОСОБАМ, ЯКІ ПОСТРАЖДАЛИ ВНАСЛІДОК ВІЙСЬКОВОГО КОНФЛІКТУ НА СХОДІ УКРАЇНИ

Abstract

The article focuses on the study of the problems of payment of pensions to internally displaced persons and residents of the occupied territories of Donbas. As Ukraine today faces a problem unknown to it – the need to address issues related to the payment of pensions to victims of the armed conflict in the Eastern Ukraine, there is a need to develop effective mechanisms for exercising the right for pensions for these categories of persons. Normative acts and practice of application of the legislation on provision of pensions of internally displaced persons and persons living in the temporarily occupied territories are analysed. The article shows the features of legal regulation of provision of pensions and develops theoretical and practical proposals and recommendations. Emphasis is made on the fact that the occupation of Ukrainian territories and the military aggression of the Russian Federation have forced Ukraine to respond to the problems of Ukrainian citizens affected by the Russian-Ukrainian conflict. It is concluded that the establishment of a special procedure for repayment of arrears of pension benefits for the past period by a court decision restricts internally displaced persons in the right for a pension and is illegal. Non-payment of pensions to residents of the occupied territories of Donbas violates their constitutional right for a pension. Emphasis is placed on the fact that such conditions are discriminatory, as other (less favourable) conditions for payment of pensions are defined. Based on the practice of application of the legislation, it was found that social protection bodies violate the constitutional rights of this category. It is proposed to strengthen the responsibility of officials for violating the constitutional rights of persons affected by the consequences of the armed conflict. It focuses on bringing Ukrainian legislation on pensions of persons who have suffered as a result of the occupation of Donbas in accordance with the Constitution of Ukraine and international standards. It is proposed that the laws "On Compulsory State Pension Insurance" and "On Provision of Pensions" provide for a norm that would establish the obligation of officials who grant pensions to take into account the legal positions set forth in decisions of the Supreme Court and the results of their consideration of exemplary cases on pension issues. According to the author, it should be noted that ignoring this requirement entails disciplinary proceedings, and illegal refusal to pay a pension leads to criminal liability. With this purpose the author proposed to amend the Criminal Code and the supplement it with the article "Illegal refusal to appoint or pay a pension".