DIFFERENTIATION IN LEGAL REGULATION OF PENSION RELATIONS IN THE SOLID SYSTEM
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 1, Issue 5
Abstract
The article is devoted to the differentiation of legal regulation of pension provision in the solidarity system. Adherence to the unity and differentiation of the legal regulation of pensions contributes to the implementation of one of the basic principles of social security – social justice. The unity and differentiation of the legal regulation of pensions are two inseparable parts of one whole. With the help of differentiation, abstract norms of a general nature become more specific, closer to the real relations that arise in the process of realization by citizens of Ukraine of the right to pension provision. The purpose of this article is to distinguish the criteria and to differentiate pension provision in the solidarity system. It is concluded that all grounds for the differentiation of the joint-stock pension system can be divided into external and internal (direct) ones. In turn, the external causes of the differentiation of pension provision in the solidarity system are subjective and objective. Each of these external grounds of differentiation has its own internal (direct) differentiation. Subjective criteria for differentiation include: a) the physiological state of the person (or legal fact-state), that is, age, state of health, death, marital status and state of health; b) professional status and c) social status. Internal differentiation can be carried out within each of the following criteria. Thus, the differentiation of pension norms, that is, the differentiation of legal regulation of pension relations, is a substantiated, objective and important principle of pension legislation, which does not contradict the principle of equality. In many cases, differentiation is objectively necessary in order to equalize the material position of various groups of socially unprotected citizens. At the same time, differentiation should not be excessive in scope, becoming a privilege of retirement provision.
Authors and Affiliations
К. В. Федчишина
Keywords
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