Administrative services in the field of social protection in the context of the subject of ad- ministrative disputes

Abstract

The article considers the theoretical and practical aspects of providing administrative services in the field of social protection, in particular pensions. Peculiarities and author’s definition of pension services are revealed, their types and place in the system of administrative services are determined. The legal nature of pension relations is studied, the emphasis is on their multilateral contractual nature, which is inherent in social insurance obligations. The classification of basic pension services and some other social services as administrative services is argued. The legal grounds for including the services of the Pension Fund of Ukraine in the list of administrative services provid-ed through the centers of administrative services are given. The reasons for overloading administrative courts with pension disputes are analyzed. Based on the analysis of court reports, a conclusion was made about the wrong policy of territorial pension bodies to ignore the judicial practice of resolving court disputes, which leads to mass violations of citizens’ pension rights, overloading courts with pension cases, non-compliance with their statutory deadlines. It is proposed to legislate the role of decisions in exemplary administrative cases considered by the Supreme Court of Ukraine, to partially change the subject jurisdiction for administrative courts to consider pension disputes, to establish the obligation of pension authorities to automatically assign, recalculate and pay pensions and other social benefits. , set out in court decisions on exemplary administrative cases, to strengthen and ensure the inevitability of liability of employees of the Pension Fund of Ukraine for violation of pension rights of citizens, for which to establish criminal liability for wrongful refusals to appoint, recalculate and pay pensions. Taking into account the peculiarities and paramount importance of pension services, the practice of providing them through administrative service centers is supported.