Out-of-court protection of citizens' rights in the field of social insurance

Abstract

The effectiveness of the implementation of citizens 'rights in the field of social insurance depends on the rapid and affordable protection of their rights, which determines the relevance of the study of extrajudicial procedures for the protection of citizens' rights in the field of social insurance. The purpose of the article is to, based on the analysis of social insurance legislation, to investigate the protection of citizens' rights in the field of social insurance out of court and to develop some suggestions for improvement. Based on the analysis of current legislation and research on the protection of rights in the field of social insurance, the procedure for protection of the rights of insured persons in the field of social insurance out of court is revealed. It is determined that in the field of social insurance jurisdictional forms of protection of rights are used, within which both common law and social insurance mechanisms of out-of-court protection of the rights of insured persons are used. It is noted that conciliation and mediation procedures have not been properly extended to protect rights in the field of social insurance, and the mediation procedure is no exception. The procedure for appealing the decision of social insurance funds is analyzed. The static data and topics of issues related to the appeal of the decisions of the subjects of law enforcement by the insured persons are given. Qualitative and quantitative analysis of claims to the Pension Fund of Ukraine allows us to conclude that there is a well-established practice of resolving pension disputes mainly in court. Conclusions and proposals for improving out-of-court procedures for protection of citizens' rights in the field of social insurance are made