1. ДЕЯКІ АСПЕКТИ СПЕЦІАЛЬНОГО СОЦІАЛЬНОГО ЗАХИСТУ ВІЙСЬКОВОСЛУЖБОВЦІВ ТА ОСІБ, ПРИРІВНЯНИХ ДО НИХ.
- Author
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Пилипенко, П. Д. and Бурак, В. Я.
- Subjects
VETERANS' benefits ,MILITARY personnel ,MILITARY service ,NATIONAL security ,SOCIAL services - Abstract
The article is dedicated to certain legislative features of special social protection, particularly special pension provisions for military personnel and persons equated to them. The study presents arguments from the scientific community regarding the necessity of maintaining special social protection programs. The authors support this need and emphasise its current relevance. It is noted that special social protection, as a separate state program for military personnel and equivalent individuals, is gaining importance both in the context of the objective need to realise the right to such protection for potential recipients and in the formation of the legal mechanism for ensuring national security of our country. The article analyses the justification for pension provisions for military personnel and individuals equated to them. It emphasises that the legislatively established social measures for military personnel and equivalent individuals are valid both during their service and after they are removed from the lists of a military unit or other armed formations. It argues that the types of special social protection available to military personnel constitute a comprehensive social protection package. The main legislative conditions that must be met to exercise the right to special pension provisions are clarified. The authors identify legal application issues that require resolution through the harmonisation of legislative norms. Based on a summary of the special pension legislation and an examination of certain aspects of special pension programs for military personnel and those equated to them, the article concludes that amendments to subordinate acts accompanying the implementation of the Law of Ukraine "On Pension Provision for Persons Discharged from Military Service and Equated Persons" are necessary. These amendments aim to address discrepancies, particularly regarding the establishment of causal links between the legal fact entitling pension benefits and the fulfilment of military service duties, the calculation of preferential service years, and other related issues. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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