CERTAIN ASPECTS OF TRANSFER OF PENSIONS OF PERSONS DISCHARGED FROM MILITARY SERVICE

Abstract

The article examines some aspects of the recalculation of the pension of persons discharged from military service in connection with the increase in cash benefits for certain categories of servicemen. It is established that in connection with the increase in cash security of the relevant categories of servicemen from January 1, 2018, the right of persons discharged from military service to adequate pension provision was unlawfully restricted by applying only three components of cash benefits: salary; salary for military (special) rank; interest allowance for years of service in the relevant or similar position held by the person on the date of dismissal (on the date of business trip to work in public authorities, local governments or their bodies, enterprises, institutions, organizations, higher education institutions). It is established that the normative provision of the right to recalculation of pensions of persons discharged from military service was brought in line with international standards, the content of the principles of the rule of law and legality, the requirements of legislative technique only from March 5, 2019 – the date of entry into force of a court decision and invalid certain provisions of the resolutions of the Cabinet of Ministers of Ukraine, which limited the guarantees of the right of persons discharged from military service to recalculate pensions in connection with increasing cash benefits of relevant categories of servicemen, enshrined in the Law of Ukraine “On pensions of persons discharged from military service, and some other people”. The actual restoration of the right of persons discharged from military service to recalculate their pensions in connection with the increase of cash security of the relevant categories of servicemen, taking into account all its (cash) components occurs only in court as a result of court decisions recognizing illegal actions (inaction) of the Pension Fund of Ukraine and their obligation to recalculate the pension of a former serviceman, taking into account the relevant salaries, military (special) rank, interest allowance for years of service, monthly additional types of cash benefits (allowances, surcharges, promotions) and bonuses in the sizes established by the legislation.