Standards for the implementation of the right to pension provision for persons discharged from military service in the decisions of The Constitutional Court of Ukraine

Abstract

This article examines the special legal status and specific nature of the right to social protection afforded to military personnel serving in the Armed Forces of Ukraine and other military formations, as well as to persons discharged from military service. It is substantiated that the special nature of social protection for this category of persons is determined not by their disability or lack of livelihood, but by the specifics of their professional duties. The article examines the legal acts that determine the conditions, norms, and procedures for pension provision for persons discharged from military service. The article establishes the specifics of the implementation of the right to the following types of pensions by persons discharged from military service: 1) for long service; 2) for disability; 3) in case of loss of breadwinner. It is argued that the pension of a person discharged from military service, as a form of social security provision, must comply with one of the fundamental sectoral principles enshrined in the Constitution of Ukraine – guaranteeing a decent standard of living for all citizens. The article establishes that the subsistence minimum, as a minimum standard of social protection, is characterized by the regulation of its purpose and the systematic nature of payments. It is proven that an important principle of pension provision for persons discharged from military service is the principle of legal certainty. The article analyzes the understanding of the content of the principle of legal certainty formulated in the decisions of the Constitutional Court of Ukraine, according to which this principle means that legislative bodies should strive for clarity and unambiguity in their lawmaking activities, and a person should understand which rule of law applies in their case and have a clear understanding of the occurrence of specific legal consequences. The article provides examples of violations of the principle of legal certainty in the context of pension provision for persons discharged from military service. The article analyzes the understanding of the principle of proportionality in the field of social protection proposed by the Constitutional Court of Ukraine, according to which this principle means that the measures provided for in legal acts should be aimed at achieving a legitimate goal and be proportionate to it.