The concept of complex pension legal relationship or the concept of com- plex legal relations in pension provision: problem of theory or time requirement
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2016, Vol 27, Issue
Abstract
The aim of this study is to introduce into scientific use a qualitatively new concept of the complex of legal relationships in pension provision instead of the dominant today concept of complex legal relationships in the pension system. It is about the need to change the scientif- ic tools for the study of legal phenomena that are in the pension system. Sporadic study of cer- tain types of pension provision from the point of view of normativism today cannot answer the question about the effectiveness of pension provision and prospects for its development. That’s why the need for rethinking of the approaches to the study of legal relationships in this area appeared. It was repeatedly stressed that the right to a pension, provided by the Constitution of Ukraine and the relevant legislation is neither absolute nor non-equivalent benefit as it was before the introduction of pension insurance. The point is that provided the alimentary pension system existed, where persons could exercise their right to retire without taking part in pension insurance, and pension capacity was obtained only in the event of social risk or having achieved retirement age, under such conditions we can speak about the validi- ty of the concept of the complex pension legal relationship. The right to pension – is an opportunity provided by legal norms to defend oneself against the loss of income in the future. Besides, to eliminate dependency on the state, insurance mechanism is offered. The amount of pension of a particular person does not depend on deci- sions of the executive body or the state budget filling, as for example this happens in case of social benefit payments, but on the personal contribution of the insured. In this respect, we see the essential element of autonomy of pension provision from social security. We believe that it is time to explore legal relationship through the lens of legal norms application that can be called a retirement process from the moment of right ensurance, which is pension insurance, registration of a particular type of pension and the right realization (commencement of pen- sion payment). If at some point difficulties appear, there may be additional stages in the form of the right to a pension protection in the court and the restoration of the broken right through implementing the court decision. All these stages regardless of the type of pension provision accompany separate groups of legal relations, which have their own purpose, the method of regulation. This is about the existence of a complex of legal relationships in the pension pro- vision, namely: pension-insurance, procedural-organizational, pension-provisional, procedur- al-protective and executive (post-procedural). The foregoing legal relations are at the same time stages of retirement process that is built on the basis of stages of the right to a pension implementation by the individual.
Authors and Affiliations
Mykhailo Shumylo
Keywords
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