MOTIVES AND PURPOSES OF DIFFERENTIATION OF PENSIONS’ PROVISION LEGAL REGULATIONS
Journal Title: Вісник Одеського національного університету. Правознавство - Year 2016, Vol 21, Issue 1
Abstract
By the differentiation of pensions’ provision it is necessary to understand distinctions in legal regulation by the established steady criteria. These are approved by the state both in special, and in industry regulations of distinction in the content and measure of rights (in comparison with the general norms), which follow from features of legal status of subjects of the pension relations and are shown in the form of legal restrictions and privileges. Differentiation in pensions’ provision is shown not only in privileges establishment, by adoption of special regulations or introduction of separate norms (special provisions) to the general acts for provision of pensions which extend only to a certain group of citizens, but also by deprivation of a possibility of separate provisions application of the general legislation on pensions’ provision to some categories of persons (for example, increase in pensions for 20% to the citizens living in mountainous areas, purpose of long-service pensions only after dismissal from the work granting the right for this pension, etc.). By the motivation it is understood the internal driving force motivating the person to act or to behavior type, and motives of pensions’ provision differentiation are shown through privileges which are fixed in the differentiated norms. Therefore, existences of the established privileges which induce certain national groups to make for the sake of them the choice are the motives of differentiation in pensions’ provision. Differentiation always has definite purposes, is shown in establishment by the legislator of distinctions by means of the predicted legal means. In special literature the purpose is understood as the ideal, mental assumption of activity’s result. As direct motive the purpose directs and regulates human activity. In the law of social security it is possible to allocate the following purposes of differentiation: 1) ensuring equality of subjects of the pension legal relationship belonging to one category (group) of workers; 2) providing additional protection to some categories of the citizens needing the increased social protection (i.e. the accounting of subject features of the personality), including protection against risk of loss of professional working capacity owing to influence of negative production factors; 3) accounting of climatic conditions and technogenic factors for separate categories of workers; 4) recognition of special merits before society and the state.
Authors and Affiliations
A. Skorobagatko
Keywords
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