Pensions in connection with the survivoras In the system of compulsory state social insurance
Journal Title: Право та інновації - Year 2017, Vol 2, Issue 18
Abstract
Problem setting. Ukraine’s desire to join the European Community requires an adequate legal regulation of social security as a state social orientation. However, nowadays, the problem of theoretical and practical content on pensions due to survivors remains unsolved. Reforming the system of compulsory social insurance requires unification of legislation in this area in order to avoid conflicts and gaps. Analysis of resent researches and publications. The scholarly works of N. B. Bolotinа, V. Ya. Burak, Zh. A. Drobot, M. D. Zhdan, T. V. Kravchuk, O. I. Kulchytska, V. D. Novikov, P. D. Pylypenko, O. S. Pryymenko, S. M. Prylypko S. M. Sinchuk, I. M. Sirota, N. M. Hutoryan, M. M. Shumilo and others were devoted to the research in pension survivor. Target of research. Detailed investigation of theoretical and practical problems of pension rights to survivors in the process of reforming the compulsory state social insurance and pension improvement of legal regulation of relations in the survivors will be researched. Article’s main body. Pensions in survivor provides one of the legal forms of social protection – compulsory state social insurance.The essence ofpension connected with loss of bread winner is in the possibility of society to maintain disabled persons related to the deceased, family or marriage and family relations and were dependent on him. Grounds pensions of survivors include the death benefit; availability of insurance survivor of duration; disability of family members and the fact of detention. The study revealed that the Law of Ukraine «On compulsory state social insurance» does not perfectly defines the mechanism of the monthly insurance payment on the death of a breadwinner as a result of accident or illness.Purpose of such payment by the pension fund is not justified and not contrary to the nature of these cash payments to tackle social risk such as loss of a breadwinner as a result of accident or illness. In addition, due to conflicting jurisprudence, there is an urgent need to amend the existing legislation to provide for the right of persons to pensions due to survivors who lived as one family, but not married. Conclusions and prospects for the development.Legislation inthe participation of survivors requires: 1) further improve the light out in Article proposals;2) legal certainty about the conditions, procedures and size of insurance payments according to social risk; 3) harmonization of the current legislation in order to avoid conflicts and gaps.
Authors and Affiliations
I. V. Zinovatna
Keywords
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